100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3089
 
Introduced , by Rep. Bill Mitchell
 
SYNOPSIS AS INTRODUCED:
 

 



755 ILCS 5/18-3  from Ch. 110 1/2, par. 18-3

     Amends the Probate Act of 1975. Provides that a specified notice to creditors shall be delivered to the Illinois Department of Healthcare and Family Services, at the Bureau of Collections at the Chicago office of the Department, if the decedent was 55 years of age or older or resided in a nursing facility or other medical institution. Provides that a copy of the petition to admit the will to probate or for letters of administration and the decedent's social security number and date of birth shall be attached to the notice delivered to the Department.
  


LRB100 09137 HEP 19291 b

 
 
A BILL FOR
 

  
HB3089LRB100 09137 HEP 19291 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Probate Act of 1975 is amended  by changing 
5Section 18-3 as follows:
 



6    (755 ILCS 5/18-3)  (from Ch. 110 1/2, par. 18-3)



7    Sec. 18-3. Notice - Publication. (a) It is the duty of the 
8representative to
publish once each week for 3 successive

9weeks, and to mail or deliver to each creditor of the decedent 
10whose name
and post office address are known to or are 
11reasonably ascertainable by the
representative and whose claim 
12has not been allowed or disallowed as
provided in Section 
1318-11,
a notice stating the death of the decedent, the name and 
14address of
the representative and
of his attorney of record, 
15that claims may be filed on or
before the date stated in the 
16notice, which date shall be not less than 6
months from the 
17date of the first publication or 3 months from the date of

18mailing or delivery, whichever is later, and that any claim not 
19filed on or
before
that date is barred.

20    (b) The published notice under subsection (a) of this 
21Section must
be published in a newspaper published
in the 
22county where the estate is being administered and may be 
23combined
with any notice under Section 6-10 or subsection (b) 
 
 
HB3089- 2 -LRB100 09137 HEP 19291 b

1of Section 9-5.
 The representative
must file proof of 
2publication with the clerk of the court.
3    (c) The notice required by subsection (a) of this Section 
4shall also be delivered to the Illinois Department of 
5Healthcare and Family Services if the decedent was 55 years of 
6age or older or resided in a nursing facility or other medical 
7institution. The notice shall be delivered to the Bureau of 
8Collections at the Chicago office of the Department. A copy of 
9the petition to admit the will to probate or for letters of 
10administration and the decedent's social security number and 
11date of birth shall be attached to the notice delivered to the 
12Department. 

13(Source: P.A. 86-815.)