Illinois Compiled Statutes
755 ILCS 5/20-3 (2026)
Sale or mortgage of ward's real estate
✓ current as of May 2026
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(755 ILCS 5/20-3)
(from Ch. 110 1/2, par. 20-3)
Sec. 20-3.
Sale or mortgage of ward's real estate.) By leave of court and upon such
terms as the court directs, a representative of a ward may sell or mortgage
the ward's real
estate or any interest in real estate including the oil, gas, coal or other
mineral interest
therein, when the court deems it necessary or expedient for the support and education of
the persons entitled thereto under this Act, for the payment of the debts of the ward or
for reinvestment.
(Source: P.A. 79-328.)
Notes of Decisions
Cited in 2
cases, 1996–2009 · leading case: In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996).
In Re Guardianship of Mabry, 666 N.E.2d 16 (Ill. App. Ct. 1996). “The Probate Act treats transfer of a ward's personal estate differently from transfer of real estate (compare 755 ILCS 5/19-2 (West 1994) (court may approve transactions in personal property when in ward's "best interests") with 755 ILCS 5/20-3 (West 1994) (court may approve…”
Perry v. Est. of Carpenter (Ill. App. Ct. 2009). “” 755 ILCS 5/20-9 (West 2008). Essentially, that is what occurred in the proceedings below where the court expressly voided Perry’s contract and allowed the property to be resold to the other party.”
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