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(755 ILCS 5/18-12) (from Ch. 110 1/2, par. 18-12)
Sec. 18-12.
Limitations on payment of claims.
(a) Every claim against the estate of a decedent, except expenses of
administration and surviving spouse's or child's award, is barred as to all of
the decedent's estate if:
(1) Notice is given to the claimant as provided in |
| Section 18-3 and the claimant does not file a claim with the representative or the court on or before the date stated in the notice; or
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(2) Notice of disallowance is given to the claimant
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| as provided in Section 18-11 and the claimant does not file a claim with the court on or before the date stated in the notice; or
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(3) The claimant or the claimant's address is not
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| known to or reasonably ascertainable by the representative and the claimant does not file a claim with the representative or the court on or before the date stated in the published notice as provided in Section 18-3.
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(b) Unless sooner barred under subsection (a) of this Section, all
claims which could have been barred under this Section
are, in any event, barred 2 years after decedent's death, whether or not
letters of office are issued upon the estate of the decedent.
(c) This Section does not bar actions to establish liability of the
decedent to the extent the estate is protected by liability insurance.
(d) Except with respect to a claimant whose claim is known to the
representative and is not paid or otherwise barred under this Section, a
representative who acts in good faith to determine and give notice to
creditors of a decedent, as provided in Section 18-3, is not personally
liable to a creditor of a decedent, but any claim not barred under this
Section may be asserted against (1) the estate, to the extent that assets
have not been distributed, and (2) a distributee of the estate (other than
a creditor), but only to the extent that the distributee's share of the
estate will not, in effect, be diminished below what the distributee would
have received had the claim been paid by the representative.
(Source: P.A. 89-21, eff. 7-1-95; 89-686, eff. 12-31-96.)
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