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Illinois Compiled Statutes

755 ILCS 5/24-2 (2026)

Notice of accounting - effect

✓ current as of May 2026
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(755 ILCS 5/24-2) (from Ch. 110 1/2, par. 24-2)
    Sec. 24-2. Notice of accounting - effect.) Notice of the hearing on any account of a representative of a decedent's estate shall be given as the court directs to unpaid creditors and to all other interested persons. If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom the notice was given. No notice, however, shall be required under this Section either (a) to any person from whom a receipt in full is exhibited to the court or who waives notice, or (b) whenever a trustee of a trust is an interested person, to any beneficiary of the trust by reason of the beneficiary's interest in the trust, but a trustee given notice of an account under this Section shall be liable to the trust beneficiaries for any breach of fiduciary duty by the trustee in connection with the account.
(Source: P.A. 85-994.)

    
Notes of Decisions
Cited in 6 cases, 1999–2016 · leading case: Gecker v. Flynn, 223 F. Supp. 3d 740 (N.D. Ill. 2016).
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Gecker v. Flynn, 223 F. Supp. 3d 740 (N.D. Ill. 2016). · cites it 4× “) The Estate is correct that the Illinois Probate Act codifies a rule of res judicata: “If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom the notice was given.”
In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “See 755 ILCS 5/24-2 (West 2004); In re Estate of Aschauer, 188 Ill.”
In Re Est. of Erickson, 841 N.E.2d 1104 (Ill. App. Ct. 2006). “Defendants argue under section 24-2 of the Probate Act of 1975 (755 ILCS 5/24-2 (West 2000)), because William did not object, the "account as approved is binding" on William.”
In Matter of Est. of Vail (Ill. App. Ct. 1999). · cites it 2× “755 ILCS 5/24-2 (West 1996). "[I]n the absence of fraud, accident[,] or mistake, the account as approved is binding upon all persons to whom the notice was given.”
In re Est. of Funk - Modified Opinion (Ill. App. Ct. 2004). “Section 24-2 of the Act provides, in pertinent part, as follows: "Notice of the hearing on any account of a representative of a decedent's estate shall be given as the court directs to unpaid creditors and to all other interested persons.”
In re Est. of Erickson (Ill. App. Ct. 2006). “Defendants argue under section 24- 2 of the Probate Act of 1975 (755 ILCS 5/24-2 (West 2000)), because William did not object, the "account as approved is binding" on William.”
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