Illinois Compiled Statutes
755 ILCS 5/4-13 (2026)
Effect of order admitting will to probate
✓ current as of May 2026
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(755 ILCS 5/4-13)
(from Ch. 110 1/2, par. 4-13)
Sec. 4-13.
Effect of order admitting will to probate.) Every will when admitted
to probate as provided by this Act is effective to transfer the real and
personal estate of
the testator bequeathed in that will.
(Source: P.A. 79-328.)
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2010–2024 · leading case: Carter v. SSC Odin Operating Co., 2012 IL 113204 (Ill. 2012).
Carter v. SSC Odin Operating Co., 2012 IL 113204 (Ill. 2012). “With respect to a testate estate, assets of a deceased’s estate are distributed in accordance with the deceased’s will (755 ILCS 5/4-13 (West 2006)), and in the case of an intestate estate, according to the rules of descent and distribution (755 ILCS 5/2-1 (West -9- 2006)).”
Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP, 2017 IL App (1st) 162746 (Ill. App. Ct. 2017). “755 ILCS 5/4-13 (West 2014) ; 755 ILCS 5/20-1(a) (West 2014) ("every representative shall take possession, subject to the exempt estate of homestead, of all real estate of the decedent during the period of administration"); see also Lescher v.”
In Re Cnty. Treasurer, 935 N.E.2d 570 (Ill. App. Ct. 2010). “See 755 ILCS 5/4-13 (West 2008); In re Estate of Stokes, 225 Ill.”
In Re Est. of Matthews, 948 N.E.2d 187 (Ill. App. Ct. 2011). “NOTES [1] We note that even if decedent's will had satisfied the requirements of section 20-19 of the Probate Act and had contained an express provision shifting the burden of the real estate taxes to the estate, the trial court nonetheless would have erred in permitting…”
Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP, 2017 IL App (1st) 162746 (Ill. App. Ct. 2018). “755 ILCS 5/4-13, 20-1(a) (West 2014) (“every representative shall take possession, subject to the exempt estate of homestead, of all real estate of the decedent during the period of administration”); see also Lescher v.”
In re: The Application of the Douglas Cnty. Treasurer, 2014 IL App (4th) 130261 (Ill. App. Ct. 2014). “2d 564, 568 (1992); 755 ILCS 5/4-13 (West 2012); see also Havill v.”
In re: The Application of the Douglas Cnty. Treasurer, 2014 IL App (4th) 130261 (Ill. App. Ct. 2014). “2d 564, 568 (1992); 755 ILCS 5/4-13 (West 2012); see also Havill v.”
In re Application of the Cnty. Treasurer of Cook Cnty., 2024 IL App (1st) 220670 (Ill. App. Ct. 2024). “” 755 ILCS 5/4-13 (West 2022). Newline also argues that Henry’s status as successor executor does not make him an interested party, as “[a]dministrators of estates take no title or interest in the real estate of a decedent, except -22- 1-22-0670 naked power to sell it if the…”
In re Est. of Matthews (Ill. App. Ct. 2011). “I give my Executor or Successor-Executor the following powers and discretions, in each case to be exercisable without court order law, title to devised real property is vested to a devisee upon the entry of an order admitting the will to probate (755 ILCS 5/4-13 (West 2006);…”
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