ILCS » Chapter 755 · Act 75
Illinois Compiled Statutes

755 ILCS 75/12 (2026)

Costs

✓ laws through the 2026 session (checked Sept. 2026)
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(755 ILCS 75/12)
    Sec. 12. Costs. In all proceedings for the partition of heirs property, the court shall apportion the costs of the proceedings, including a reasonable fee for the plaintiff's attorney, among the parties in interest in the action, as the court deems just and equitable. In determining the just and equitable apportionment of the costs and attorney's fees, the court may consider, among other things, the good faith attempt of the parties to agree prior to the initiation of the complaint. If any defendant interposes a good and substantial defense to the complaint, the party or parties making such substantial defense shall recover their costs against the plaintiff according to justice and equity.
(Source: P.A. 101-520, eff. 8-23-19.)

    
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: McDunn v. McDunn, 2026 IL App (1st) 241419.
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McDunn v. McDunn, 2026 IL App (1st) 241419. · cites it 4× “) 755 ILCS 75/12 (West 2022). There is simply no language in the statute suggesting that the court is precluded from apportioning plaintiffs’ attorney fees, even assuming arguendo the case is strongly contested and substantial defenses are raised.”
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