ILCS » Chapter 755 · Act 75
Illinois Compiled Statutes

755 ILCS 75/3 (2026)

Applicability; relation to other law

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(755 ILCS 75/3)
    Sec. 3. Applicability; relation to other law.
    (a) This Act applies to partition actions filed on or after the effective date of this Act.
    (b) In an action to partition real property under Article XVII of the Code of Civil Procedure the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this Act unless all of the cotenants otherwise agree in a record.
    (c) This Act supplements Article XVII of the Code of Civil Procedure and, if an action is governed by this Act, replaces provisions of Article XVII of the Code of Civil Procedure that are inconsistent with this Act.
(Source: P.A. 101-520, eff. 8-23-19.)

    
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Totten v. Burgener, 2023 IL App (5th) 220254-U.
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Totten v. Burgener, 2023 IL App (5th) 220254-U. “¶9 On February 18, 2020, the defendant filed a motion for determination of the applicability of the Heirs Act (755 ILCS 75/3 et seq. (West 2018)). That same day, the defendant also filed an answer to count I of the complaint.”
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