ILCS » Chapter 755 · Act 65
Illinois Compiled Statutes

755 ILCS 65/50 (2026)

Disputes

✓ current as of May 2026
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(755 ILCS 65/50)
    Sec. 50. Disputes.
    (a) Any dispute among any of the persons listed in Section 5 concerning their right to control the disposition, including cremation, of a decedent's remains shall be resolved by a court of competent jurisdiction within 30 days of the dispute being filed with the court. A cemetery organization or funeral establishment shall not be liable for refusing to accept the decedent's remains, or to inter or otherwise dispose of the decedent's remains, until it receives a court order or other suitable confirmation that the dispute has been resolved or settled.
    (b) Any dispute over a disinterment shall be resolved by a circuit court with all reasonable promptness by the court. If the court finds that a party to a disinterment dispute has acted in bad faith, the court may, in its sole discretion, award costs, including reasonable attorney's fees, against the person it finds has acted in bad faith.
(Source: P.A. 103-421, eff. 1-1-24.)

    
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2011–2026 · leading case: Carlson v. Glueckert Funeral Home, Ltd., 943 N.E.2d 237 (Ill. App. Ct. 2011).
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Carlson v. Glueckert Funeral Home, Ltd., 943 N.E.2d 237 (Ill. App. Ct. 2011). “” 755 ILCS 65/50 (West 2008). Put another way, section 50 provides that: (1) any disputes between persons listed in section 5 concerning the disposition of a decedent’s remains are to be resolved by a court; and (2) funeral homes and cemeteries will not be liable for their…”
Lyon v. Higgins, 2024 IL App (2d) 230520-U (Ill. App. Ct. 2024). “Andrew asserted that Mary breached her fiduciary duty by disposing of the remains while there was an ongoing dispute within the meaning of section 50 of the Disposition of Remains Act (Act) (755 ILCS 65/50 (West 2020)). ¶9 On June 1, 2023, Mary moved to dismiss the complaint…”
D'Agnolo v. Catholic Cemetery Ass'n of Peoria, 2026 IL App (4th) 250350 (Ill. App. Ct. 2026). “See 755 ILCS 65/50(b) (West 2024) (“Any dispute over a disinterment shall be resolved by a circuit court with all reasonable promptness by the court.”
Carlson v. Glueckert Funeral (Ill. App. Ct. 2011). “” 755 ILCS 65/50 (West 2008). 8 1-10-0158 Put another way, section 50 provides that: (1) any disputes between persons listed in section 5 concerning the disposition of a decedent’s remains are to be resolved by a court; and (2) funeral homes and cemeteries will not be liable for…”
— 755 ILCS 65/50(b) — 1 case
D'Agnolo v. Catholic Cemetery Ass'n of Peoria, 2026 IL App (4th) 250350 (Ill. App. Ct. 2026). “See 755 ILCS 65/50(b) (West 2024) (“Any dispute over a disinterment shall be resolved by a circuit court with all reasonable promptness by the court.”
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