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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:



 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Section 13-209 as follows:
 



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    (735 ILCS 5/13-209)  (from Ch. 110, par. 13-209)



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    Sec. 13-209. Death of party. 


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    (a) If a person entitled to bring an
action dies before the 
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the
expiration of the time limited for the commencement 
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thereof, and the
cause of action survives:


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        (1) an action may be commenced by his or her

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    representative before the expiration of that time, or 
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    within one year
from his or her death whichever date is the 
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    later;


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        (2) if no petition for letters of office for the 
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    decedent's estate has
been filed, the court may appoint a 
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    special representative for the deceased for
the purpose of 
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    prosecuting the action.  The appointment shall be on 
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    verified
motion of any party who appears entitled to 
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    participate in the deceased's
estate, reciting the names 
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    and last known addresses of all known heirs and the

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    legatees and executor named in any will that has been 
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    filed.  The court's
determination that a person appears 
 


 






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    entitled to participate in the deceased's
estate shall be 
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    solely for purposes of this Section and not determinative 
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    of
rights in final disposition.  Within 90 days after 
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    appointment, the special
representative shall notify the 
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    heirs and legatees of the following information
by mail: 
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    that an appointment
has been made, the court in which the 
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    case was filed, the caption of the case,
and a description 
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    of the nature of the case.  The special representative shall

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    publish notice to unknown heirs and legatees as provided in 
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    the Probate Act of
1975.  If a will is filed within 90 days 
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    after the appointment of the special
representative, the 
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    same notice shall be given to any additional executors and

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    legatees named in the will.
At any time that an estate is 
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    opened with a representative other than the
special 
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    representative, the court may upon motion substitute the

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    representative for the special representative.  In this 
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    case, the court shall
allow disbursements and fees of the 
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    special representative and his or her
attorney as a claim 
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    against any proceeds received.  The proceeds of any
judgment 
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    or settlement shall be distributed under the provisions of 
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    the
Probate Act of 1975.

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    (b) If a person against whom an
action may be brought dies 
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before the expiration of the time limited for
the commencement 
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thereof, and the cause of action survives, and is not
otherwise 
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barred:


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        (1)  an action may be commenced against his or her 
 


 






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    personal
representative after the expiration of the time 
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    limited for the
commencement of the action, and within 6 
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    months after the person's death;


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        (2) if no petition has been filed for letters of office 
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    for the
deceased's
estate, the court, upon the motion of a 
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    person entitled to bring an action and
after the notice to 
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    the party's heirs or legatees as the court directs and

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    without opening an estate, may appoint a special 
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    representative for the
deceased party for the purposes of 
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    defending the action.  If a party elects to
have a special 
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    representative appointed under this paragraph (2), the 
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    recovery
shall
be
limited to
the proceeds of any liability 
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    insurance protecting the estate and shall not bar
the 
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    estate from enforcing any claims that might have been 
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    available to it as
counterclaims. 

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    (c) If a party commences an action against a deceased 
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person whose
death is unknown to the party before the 
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expiration of the time limited for
the commencement thereof, 
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and the cause of action survives, and is not
otherwise barred, 
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the action may be commenced against the deceased person's

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personal representative if all of the following terms and 
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conditions are met:


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        (1) After learning of the death, the party proceeds 
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    with reasonable
diligence to move the court for leave to 
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    file an amended complaint,
substituting the personal 
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    representative as defendant.


 


 






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        (2) The party proceeds with reasonable diligence to 
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    serve process upon
the personal representative.


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        (3) If process is served more than 6 months after the 
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    issuance of
letters of office, liability of the estate is 
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    limited as to recovery to the
extent the estate is 
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    protected by liability insurance.


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        (4) In no event can a party commence an action under 
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    this subsection (c)
unless a personal representative is 
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    appointed and an amended complaint is
filed within 2 years 
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    of the time limited for the commencement of the original

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    action.

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(Source: P.A. 90-111, eff. 7-14-97.)