A judgment entered against a person not as a result of a contract made by him or her or a tort committed by him or her but solely because he or she is the holder of title to property as receiver, trustee of a specifically identified trust, representative as defined in Section 1-2.11 of the Probate Act of 1975, or in any other fiduciary capacity, shall be enforced only against property held in the particular representative capacity, but no judgment shall be enforced against nor shall the judgment constitute a lien upon, other property owned by such person, whether individually or in some other designated identifiable representative capacity.
12-103.Representative capacity.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceWhen someone is held liable only because they hold title as a receiver, trustee, or other fiduciary, the judgment against them reaches only the property held in that role, not their own assets.
Full Text of 735 ILCS 5/12-103
Plain-English Summary
Some judgments don't arise from a person's own contract or wrongdoing at all. They arise because that person happens to hold title to property as a receiver, as trustee of a specifically identified trust, as a probate representative, or in some other fiduciary role. This section confines enforcement of such a judgment to the property held in that particular capacity.
The protection cuts both ways: the judgment can't be enforced against property the person owns individually, and it can't be enforced against property they hold in some other, separately identified representative role either. Each capacity stands on its own for enforcement purposes.
Frequently Asked Questions
Can a judgment against a trustee reach the trustee's personal bank account or home?
No, if the judgment was entered against the person solely because they hold title in a fiduciary capacity, it can be enforced only against the property held in that capacity.
What counts as a fiduciary capacity under this section?
The text lists a receiver, a trustee of a specifically identified trust, a representative as defined under the Probate Act, or any other fiduciary capacity.
Does this protection extend to property the person holds in a different representative role?
Yes. The section also shields property held in some other designated representative capacity from a judgment tied to a different one.
When would a court enter a judgment against someone in a representative capacity rather than personally?
The section describes judgments entered not from a contract the person made or a tort they committed, but solely because they hold title to property in that role.
How does this compare to the rule for partnership judgments?
Section 12-102 applies the same basic idea to firm-name judgments against partnerships, keeping partnership property separate from partners' individual assets.
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
Also known as: judgment against a trustee illinoisjudgment against an estate representative illinoisfiduciary capacity lawsuit illinoisreceiver personal liability judgment illinois