Te actColour Legend:
Maroon: My notes, separate from the code itself.
Highlights: important things to pay attention to in the code itself.
Keep in Mind this Act in Illinois is under �Estate�. �Estate� means: �the interest
which any one has in land or in any other subject of property].
�Subject�; being key word herein this definition, meaning the property must first
be part of something for it to be under its jurisdiction, this is where Trust or
Wills comes in where it must be the RES/property/subject of that trust(your
property as beneficiary) before you can begin to deal with it as an estate
(property of the trust). Just as �Estate Sale� is not always the land, it can be
clothing, jewellery, coins, automobiles etc.
Throughout this Act, it is constantly stipulated that everything herein is valid IF
it is not primarily stipulated by trust instrument. So keep In mind, these matters
herein and other related Trust Codes are SECONDARY to what the private trust
stipulates, given they are acting as neutral 3rd parties to the private trust, and
this is the general conditions set in public per THEIR TRUST to manage YOUR TRUST
if you don�t create its laws to handle its affairs . Simply pay attention to the
subject matters entertained herein and stipulate your contract in your private
trust.
ESTATES
(755 ILCS 5/) Probate Act of 1975.
(755 ILCS 5/Art. I heading)
ARTICLE I.
GENERAL PROVISIONS
(755 ILCS 5/1-1) (from Ch. 110 1/2, par. 1-1)
Sec. 1-1. Title.) This Act may be cited as the Probate Act of 1975.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2) (from Ch. 110 1/2, par. 1-2)
Sec. 1-2. Definitions. As used in this Act, unless the context requires
otherwise, the terms defined and the words construed in the following Sections have
the meanings ascribed to them in those Sections.
The way the words are used, its definition is based on what they say it is in the
definition section unless stated otherwise.
(Source: P.A. 88-202; 88-529.)
(755 ILCS 5/1-2.01) (from Ch. 110 1/2, par. 1-2.01)
Sec. 1-2.01. "Administrator" includes administrator de bonis non [a 2nd admin
for whatever reason] and administrator with the will annexed.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.02) (from Ch. 110 1/2, par. 1-2.02)
Sec. 1-2.02. "Administrator with the will annexed" includes administrator de
bonis non with the will annexed.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.03) (from Ch. 110 1/2, par. 1-2.03)
Sec. 1-2.03. "Authenticated copy" means (1) a certified copy if the office in
which the record of the original is kept is in this State or (2) a copy exemplified
[authenticated copy of document to be used as evidence as true copy from public
record] in pursuance of the law of Congress [State Congress] in relation to
records in foreign states if the office in which the record of the original is kept
is not in this State.
(Source: P.A. 79-328.)
Basically, if the record is certified by notary, or State Department in or out of
Illinois State, it is an �authenticated copy�.
(755 ILCS 5/1-2.04) (from Ch. 110 1/2, par. 1-2.04)
Sec. 1-2.04. "Bequeath" means to dispose of real or personal property by will
and includes devise.
(Source: P.A. 79-328.)
To grant unto.
(755 ILCS 5/1-2.05) (from Ch. 110 1/2, par. 1-2.05)
Sec. 1-2.05. "Claim" includes any cause of action.
(Source: P.A. 79-328.)
You registering your trust is a claim -of right-, over the res itself, without
res(a thing, corporeal or incorporeal, an act, goal, an object, property) trust
does not exist. You lodging it into Porbate Court, is a cause of action, you have a
cause to perform the act of registering the trust in Probate Court, which is
stipulated in the indenture as part of your intent of creating the Trust!!!!!!
This.. is the beginning suit for the cphr accounts on public side.
(755 ILCS 5/1-2.06) (from Ch. 110 1/2, par. 1-2.06)
Sec. 1-2.06. "Dependent" means a person who is unable to maintain himself and
is likely to become a public charge.
(Source: P.A. 79-328.)
a.k.a ens legis.
(755 ILCS 5/1-2.07) (from Ch. 110 1/2, par. 1-2.07)
Sec. 1-2.07. "Encumbrance" includes mortgage, real estate tax or special
assessment, deed of trust, vendor's lien, security agreement and other lien.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.08) (from Ch. 110 1/2, par. 1-2.08)
Sec. 1-2.08. "Guardian" includes a representative [TTE or AR] of a minor and a
representative of a person under legal disability [a.k.a ens legis].
(Source: P.A. 83-706.)
(755 ILCS 5/1-2.09) (from Ch. 110 1/2, par. 1-2.09)
Sec. 1-2.09. "Independent administration" means administration of a decedent's
estate pursuant to Article XXVIII.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.10) (from Ch. 110 1/2, par. 1-2.10)
Sec. 1-2.10. "Independent representative" means an executor or administrator
acting pursuant to Article XXVIII.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.11) (from Ch. 110 1/2, par. 1-2.11)
Sec. 1-2.11. "Interested person" in relation to any particular action, power or
proceeding under this Act means one who has or represents a financial interest,
property right or fiduciary status at the time of reference which may be affected
by the action, power or proceeding involved, including without limitation an
heir[beneficiary], legatee [as in �legacy�], creditor, person entitled to a
spouse's or child's award and the representative [TTE or AR of Trust as defined in
trust instruments-Resolution, Minutes or Declaration]. Whenever any provision of
this Act requires notice or accounting to or action by an interested person,
including without limitation Sections 24-2 and 28-11 of this Act, and a trustee of
a trust is an interested person, no notice or accounting to or action by a
beneficiary of the trust in his capacity as beneficiary shall be required [they
don�t want to interface with beneficiary IN PUBLIC, beneficiary instructs TTE in
PRIVATE and TTE interface in public. They wanna see and hear the TTE which
separates public and private]. When a ward would be an interested person but a
personal fiduciary is then acting for him pursuant to Section 28-3, the personal
fiduciary is the interested person instead of the ward, but any notice required to
be given to the ward under this Act shall be given to both the personal fiduciary
and the ward. This definition also applies to the following terms: "interested
party", "person (or party) interested" and "person (or party) in interest".
(Source: P.A. 85-994.)
(755 ILCS 5/1-2.12) (from Ch. 110 1/2, par. 1-2.12)
Sec. 1-2.12. "Legacy" means a testamentary disposition of real or personal
property and includes devise and bequest. "Legatee" includes devisee.
(Source: P.A. 81-213.)
�Legacy, testamentary disposition� = the declaration of trust, you will, your wish
your personal (movable), real(land), and personal(immovable) properties you have
granted upon others to hold for someone else. Keep in mind when they speak of
�Will�, that this is also a form of trust, although wills usually are referred to
as though someone must first die. This is not always the case with trust or even
will, as grantor can also be beneficiary and wills nonetheless can exist without
requisite of a deceased man.
(755 ILCS 5/1-2.13) (from Ch. 110 1/2, par. 1-2.13)
Sec. 1-2.13. "Mortgage" includes trust deed in the nature of a mortgage.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.14) (from Ch. 110 1/2, par. 1-2.14)
Sec. 1-2.14. "Personal fiduciary" means one acting on behalf of a ward pursuant
to Section 28-3 during independent administration.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.15) (from Ch. 110 1/2, par. 1-2.15)
Sec. 1-2.15. "Representative" includes executor, administrator, administrator
to collect, standby guardian, guardian and temporary guardian.
(Source: P.A. 88-529.)
These are TTE�s or AR as delegated by any of the trust instruments
(755 ILCS 5/1-2.16) (from Ch. 110 1/2, par. 1-2.16)
Sec. 1-2.16. "Supervised administration" means administration of a decedent's
estate pursuant to the provisions of this Act other than Article XXVIII.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)
Sec. 1-2.17. "Ward" includes a minor or a person with a disability.
(Source: P.A. 99-143, eff. 7-27-15.)
The ens legis is a minor.
(755 ILCS 5/1-2.18) (from Ch. 110 1/2, par. 1-2.18)
Sec. 1-2.18. "Will" includes testament [Trust deceleration/indenture] and
codicil[Trust resolution and Minutes].
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.19) (from Ch. 110 1/2, par. 1-2.19)
Sec. 1-2.19. Words importing the masculine, feminine or neuter gender include
each of the other genders where applicable.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.20) (from Ch. 110 1/2, par. 1-2.20)
Sec. 1-2.20. Words importing the singular number include the plural and words
importing the plural number include the singular.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.21) (from Ch. 110 1/2, par. 1-2.21)
Sec. 1-2.21. Words referring to the property or estate of a person under the
age of 18 years exclude "custodial property" as defined in the Illinois Uniform
Transfers to Minors Act.
(Source: P.A. 84-915.)
(755 ILCS 5/1-2.22) (from Ch. 110 1/2, par. 1-2.22)
Sec. 1-2.22. In any proceeding under this Act the words "executor",
"administrator", "guardian" and "testator" may be used without regard to the sex of
the person.
(Source: P.A. 81-795.)
(755 ILCS 5/1-2.23)
Sec. 1-2.23. "Standby guardian" means: (i) a guardian of the person[express
trusts are natural person in law and equity] or estate, or both, of a minor, as
appointed by the court under Section 11-5.3, to become effective at a later date
under Section 11-13.1 or (ii) a guardian of the person or estate, or both, of a
person with a disability, as appointed by the court under Section 11a-3.1, to
become effective at a later date under Section 11a-18.2.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/1-2.24)
Sec. 1-2.24. "Short-term guardian" means a guardian of the person of a minor as
appointed by a parent of the minor under Section 11-5.4 or a guardian of the person
of a person with a disability as appointed by the guardian of the person with a
disability under Section 11a-3.2.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/1-3) (from Ch. 110 1/2, par. 1-3)
Sec. 1-3. Corporation as representative.) Any corporation qualified to accept
and execute trusts in this State is qualified to act as representative of the
estate of a decedent or ward.
(Source: P.A. 79-328.)
We use real natural people. Don�t want to give them any chance of piercing our
Trust. If you will use a Trust to represent another Trust, use it as your
registered agent ONLY.
(755 ILCS 5/1-4) (from Ch. 110 1/2, par. 1-4)
Sec. 1-4. Pleadings.) On the court's own motion or on motion of any interested
person, before or during any hearing, any person who desires to oppose the entry of
an order or judgment shall file, as directed by the court, a pleading disclosing
the grounds of opposition.
(Source: P.A. 79-328.)
(755 ILCS 5/1-5) (from Ch. 110 1/2, par. 1-5)
Sec. 1-5. Petition under oath.) Every petition under this Act, except a
petition under Section 8-1 or Section 8-2, shall be under oath or affirmation. If a
statement is known to petitioner only upon information and belief, or is unknown to
him, the petition shall so state. Whenever any instrument is required to be
verified or under oath, a statement that is made under the penalties of perjury has
the same effect as if the instrument were verified or made under oath. A fraudulent
statement so made is perjury, as defined in Section 32-2 of the Criminal Code of
2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
�Without the United States�, unsworn declaration. Always separate appropriate
jurisdiction and don�t intermix their trust with yours.
(755 ILCS 5/1-6) (from Ch. 110 1/2, par. 1-6)
Sec. 1-6. Civil Practice Law applies.) The Civil Practice Law and all existing
and future amendments and modifications thereof and the Supreme Court Rules now or
hereafter adopted in relation to that Law shall apply to all proceedings under this
Act, except as otherwise provided in this Act. Paragraph (g) of Section 2-1301 of
the Code of Civil Procedure, and all existing and future amendments and
modifications of paragraph (g) do not apply to proceedings under Sections 20-3, 20-
4 and 22-4 of this Act for the sale or mortgage of real estate or an interest
therein.
(Source: P.A. 82-783.)
Your jurisdiction of adjudication is at Equity court/rules which is part of Supreme
Court rules, also remember the maxim of equity that states equity is the spirit of
law.
(755 ILCS 5/1-7) (from Ch. 110 1/2, par. 1-7)
Sec. 1-7. Mispleading - representative not liable beyond assets.) No
representative or his surety is chargeable beyond the assets of the estate
administered by reason of any omission or mistake in pleading or any false pleading
of the representative.
(Source: P.A. 79-328.)
In court, no representative of trust is personally liable or his personal property,
so long as the business and affairs of the trust is not used to personally harm
anyone else.
(755 ILCS 5/1-8) (from Ch. 110 1/2, par. 1-8)
Sec. 1-8. Penalty for false affidavit.) A person who makes a false affidavit
under this Act is guilty of perjury and upon conviction shall be punished as
provided by the statutes of this State in relation to the crime of perjury.
(Source: P.A. 79-328.)
Don�t lie, be equitable, be honourable. Be truthful.
(755 ILCS 5/1-9) (from Ch. 110 1/2, par. 1-9)
Sec. 1-9. Act to be liberally construed.) This Act and the rules now or
hereafter applicable thereto shall be liberally [loosely] construed [interpreted]
to the end that controversies and the rights of the parties may be speedily and
finally determined [rights of speedy trial is not waived by stipulations in this
act, if any matter comes into public probate or equity court dealing with Trust or
WIll] and the rule that statutes in derogation [that detract from/deviate from] of
the common law shall be strictly construed does not apply. [In other words, common
law strictly applies in cases of wills and trusts, anything that says common law
does not apply is null. Common law applies to everything in this act and nothing
herein deviates from common law principles]
(Source: P.A. 79-328.)
(755 ILCS 5/1-10) (from Ch. 110 1/2, par. 1-10)
Sec. 1-10. Partial invalidity.) The invalidity of any provision of this Act
does not affect the remainder of this Act.
(Source: P.A. 79-328.)
They know that there are flaw sin this act, and it is up to you to recognize it and
use laws and equitable principles that supersede it in conjunction with other
stipulations herein that favours you.
(755 ILCS 5/1-11) (from Ch. 110 1/2, par. 1-11)
Sec. 1-11. Nonresident representative. If a representative is or becomes a
nonresident of this State, the representative shall file in the court in which the
estate is pending a designation of a resident agent to accept service of process,
notice or demand required or permitted by law to be served upon the representative.
If the representative fails to do so, the clerk of the court is constituted as
agent of the representative upon whom the process, notice or demand may be served.
If service is made upon the clerk of the court, the clerk of the court shall mail a
copy of the process, notice or demand to the representative at the representative's
last known post office address and to the representative's attorney of record.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
