Illinois General Assembly - Illinois Compiled Statutes

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810 ILCS 5/4-405

(810 ILCS 5/4-405) (from Ch. 26, par. 4-405)

Sec. 4-405.

Death or incompetence of customer.

(a) A payor or collecting bank's authority to accept, pay, or collect an
item or to account for proceeds of its collection, if otherwise effective, is
not rendered ineffective by incompetence of a customer of either bank existing
at the time the item is issued or its collection is undertaken if the bank does
not know of an adjudication of incompetence. Neither death nor incompetence of
a customer revokes the authority to accept, pay, collect, or account until the
bank knows of the fact of death or of an adjudication of incompetence and has
reasonable opportunity to act on it.

(b) Even with knowledge, a bank may for 10 days after the date of death
pay or certify checks drawn on or before that date unless ordered to stop
payment by a person claiming an interest in the account.

(Source: P.A. 87-582; 87-1135.)