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Illinois Compiled Statutes

755 ILCS 5/20-6 (2026)

Power of court

✓ current as of May 2026
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(755 ILCS 5/20-6) (from Ch. 110 1/2, par. 20-6)
    Sec. 20-6. Power of court.) In any proceeding to sell or mortgage real estate the court may:
    (a) investigate and determine all questions of conflicting and controverted titles arising between any of the parties, remove clouds from any title or interest involved therein, and invest the mortgagee or purchaser with a good and indefeasible title to the property sold or mortgaged;
    (b) direct the sale or mortgage of the property free of all mortgage, judgment or other liens that are due, provide for the satisfaction of all those liens out of the proceeds of the sale or mortgage and settle and adjust all equities and all questions of priority among all interested persons;
    (c) with the assent of the owner of a mortgage lien that is not due, direct that the property be sold or mortgaged free of the lien and provide for the satisfaction of the lien out of the proceeds of the sale or mortgage;
    (d) set off the homestead and order the sale of the balance of the premises, or if the value of the premises exceeds the exemption and the premises cannot be divided, the court may order the sale of the whole free of homestead with or without the consent of the person entitled thereto and shall ascertain the value of the homestead and shall order that a sum of money equal to the gross value of the homestead be paid from the proceeds of the sale to the person entitled thereto;
    (e) upon the filing in court of the written consent of the person entitled to an estate for life or for years, order the sale or mortgage free of the estate, but the court shall ascertain the value of the estate and order that a sum of money equal to the gross value of the estate be paid from the proceeds of the sale or mortgage to the person entitled thereto or that a proper proportion of the proceeds of the sale or mortgage as ascertained by the court be invested and the income paid to the person entitled thereto during the continuance of the estate;
    (f) direct the sale of the property free of any lien or claim for lien of this State (except the lien for general taxes), provide for the satisfaction of the lien or claim for lien out of the proceeds of sale according to its relative priority in respect to other liens to the extent the proceeds are available, and adjudicate the priority of the State's lien or claim for lien with respect to all other liens against the property. The petition must describe the lien of the State. Not less than 20 days before the hearing on the petition, the petitioner must notify the Attorney General of the filing of the petition by delivering or mailing 2 copies of the petition to the Attorney General's office in Springfield, Illinois. The petitioner must file proof of the delivery or mailing in the proceeding in which the estate is being administered. The Attorney General may intervene and take such action as he deems expedient to protect the interest of the State.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2009–2025 · 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 10× “” 755 ILCS 5/20-6 (West 2012). This phrase contains two items worthy of note: first, by its own unambiguous terms, it applies to “any proceeding to sell *** real estate.”
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2014). · cites it 10× “” 755 ILCS 5/20-6 (West 2012). This phrase contains two items worthy of note: first, by its own unambiguous terms, it applies to “any proceeding to sell *** real estate.”
Carrington Mortg. Servs. v. Israel, 2024 IL App (2d) 230335-U (Ill. App. Ct. 2024). · cites it 4× “¶6 On September 14, 2020, pursuant to section 20-6(b) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/20-6(b) (West 2018)), Israel filed a petition to approve the sale of Green’s real estate free and clear of all liens.”
Associated Bank, Nat'l Ass'n v. Smith, 2025 IL App (4th) 241513-U (Ill. App. Ct. 2025). · cites it 3× “¶ 12 Thereafter, defendant filed an answer, raising five affirmative defenses (several of the same claims that served as grounds for his previous motion to dismiss) and a counterclaim under section 20-6(b) of the Probate Act (755 ILCS 5/20-6(b) (West 2024)), seeking the sale of…”
Israel v. USA (N.D. Ill. 2021). “” 755 ILCS 5/20-6(b). Petitioner further contends that the only way to pay the claims of the estate, including the lien obligations, is to sell the property free and clear of all liens.”
Perry v. Est. of Carpenter (Ill. App. Ct. 2009). “755 ILCS 5/20-6 (West 2008). Although the Judicial Article abolished the -12- 1-09-0312 distinction between the courts of law and equity, the probate court historically has been the repository of equitable powers.”
— 755 ILCS 5/20-6(b) — 5 cases
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2015). “” 755 ILCS 5/20-6 (West 2012). This phrase contains two items worthy of note: first, by its own unambiguous terms, it applies to “any proceeding to sell *** real estate.”
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2014). “” 755 ILCS 5/20-6 (West 2012). This phrase contains two items worthy of note: first, by its own unambiguous terms, it applies to “any proceeding to sell *** real estate.”
Carrington Mortg. Servs. v. Israel, 2024 IL App (2d) 230335-U (Ill. App. Ct. 2024). “¶6 On September 14, 2020, pursuant to section 20-6(b) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/20-6(b) (West 2018)), Israel filed a petition to approve the sale of Green’s real estate free and clear of all liens.”
Associated Bank, Nat'l Ass'n v. Smith, 2025 IL App (4th) 241513-U (Ill. App. Ct. 2025). “¶ 12 Thereafter, defendant filed an answer, raising five affirmative defenses (several of the same claims that served as grounds for his previous motion to dismiss) and a counterclaim under section 20-6(b) of the Probate Act (755 ILCS 5/20-6(b) (West 2024)), seeking the sale of…”
Israel v. USA (N.D. Ill. 2021). “” 755 ILCS 5/20-6(b). Petitioner further contends that the only way to pay the claims of the estate, including the lien obligations, is to sell the property free and clear of all liens.”
— 755 ILCS 5/20-6(c) — 2 cases
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2015). “” 755 ILCS 5/20-6 (West 2012). This phrase contains two items worthy of note: first, by its own unambiguous terms, it applies to “any proceeding to sell *** real estate.”
In re Est. of LaPlume, 2014 IL App (2d) 130945 (Ill. App. Ct. 2014). “” 755 ILCS 5/20-6 (West 2012). This phrase contains two items worthy of note: first, by its own unambiguous terms, it applies to “any proceeding to sell *** real estate.”
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