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Illinois Compiled Statutes

755 ILCS 5/20-4 (2026)

Sale or mortgage of decedent's real estate

✓ current as of May 2026
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(755 ILCS 5/20-4) (from Ch. 110 1/2, par. 20-4)
    Sec. 20-4. Sale or mortgage of decedent's real estate.) (a) By leave of court and upon such terms as the court directs, a representative of a decedent's estate may sell or mortgage any real estate or interest therein to which the decedent had claim or title, including the oil, gas, coal or other mineral interest therein, when it is necessary for the proper administration of the decedent's estate.
    (b) Real estate specifically bequeathed or directed by the testator not to be sold may not be sold or mortgaged unless necessary for the payment of claims, expenses of administration or estate or inheritance taxes or the proper distribution of the estate.
(Source: P.A. 84-395.)

    
Notes of Decisions
Cited in 3 cases, 2003–2015 · leading case: In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2015).
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In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2015). · cites it 3× “” 755 ILCS 5/20-4(a) (West 2012). This subsection provides first that a sale of a decedent’s real estate requires a petition to the probate court.”
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2014). · cites it 3× “” 755 ILCS 5/20-4(a) (West 2012). This subsection provides first that a sale of a decedent’s real estate requires a petition to the probate court.”
Est. of Henry v. St. Peter's Evangelical Church (Ill. App. Ct. 2003). · cites it 2× “" 755 ILCS 5/20-4(b) (West 1992). Section 5/24-3(d) of the Probate Act states, "On final distribution of an estate, payments made from principal or income shall be accounted for as provided in Sections 5 and 6 of the Principal and Income Act.”
755 ILCS 5/20-4(a): 2 cases
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2015). “” 755 ILCS 5/20-4(a) (West 2012). This subsection provides first that a sale of a decedent’s real estate requires a petition to the probate court.”
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2014). “” 755 ILCS 5/20-4(a) (West 2012). This subsection provides first that a sale of a decedent’s real estate requires a petition to the probate court.”
755 ILCS 5/20-4(b): 1 case
Est. of Henry v. St. Peter's Evangelical Church (Ill. App. Ct. 2003). “" 755 ILCS 5/20-4(b) (West 1992). Section 5/24-3(d) of the Probate Act states, "On final distribution of an estate, payments made from principal or income shall be accounted for as provided in Sections 5 and 6 of the Principal and Income Act.”
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