When the head of a family dies, deserts or does not reside with the same, the family shall be entitled to and receive all the benefit and privileges which are by Part 10 of Article XII of this Act conferred upon the head of a family residing with the same.
12-1003.When family entitled to exemptions.
Article XII. Judgments - Enforcement · Part 10. Exemption of Personal Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExtends the head-of-family's personal-property exemption benefits to the rest of the family if that person dies, deserts, or stops living with them.
Full Text of 735 ILCS 5/12-1003
Plain-English Summary
Personal-property exemptions in this Part are framed around a head of family. This section makes sure the family doesn't lose that protection just because the qualifying person is gone: when the head of the family dies, deserts, or stops residing with the family, the family receives the same benefits and privileges this Part confers on a head of family who is still living with them.
The rule reaches three distinct situations — death, desertion, and not residing with the family — and treats them the same way for exemption purposes, so dependents keep the protection regardless of why the head of family is no longer there.
Frequently Asked Questions
What happens to the family's exemption if the head of household dies?
The family keeps the same benefits this Part gives a head of family who is still living with them.
Does desertion by the head of family cut off the exemption?
No. The family still receives the same benefits.
What if the head of family moves out without deserting anyone?
The section covers that situation too, since it applies whenever the head of family doesn't reside with the family.
Which part of the Code does this section reference?
Part 10 of Article XII, which covers exemption of personal property.
Who benefits from this section?
The family of the head of household, in the death, desertion, or non-residence situations it describes.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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