For the purpose of redemption from the sale of real estate of a deceased debtor, any person whose claim has been allowed in probate against the estate of such deceased debtor, shall be considered a judgment creditor, and for the purpose of enabling such creditor to redeem from such sale, a certified copy of the order allowing the claim issued by the clerk of the court wherein letters of office were granted, may be delivered to the sheriff of the proper county, upon redemption having been made, to levy upon and sell the premises so sought to be redeemed, and like proceedings shall be had as upon other judgments.
12-140.Redemption on claims allowed in probate.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-140 treats a person whose claim has been allowed in probate against a deceased debtor's estate as a judgment creditor for redemption purposes, letting that person use a certified copy of the probate allowance order the same way a certified judgment copy is used to redeem.
Full Text of 735 ILCS 5/12-140
Plain-English Summary
When a debtor dies and the estate's real property is sold to satisfy debts, ordinary judgment creditors aren't the only ones who might want to redeem. This section extends the same standing to a person whose claim was allowed in probate against the estate, treating that claim as if it were a judgment.
To act on that standing, the claimant gets a certified copy of the order allowing the claim, issued by the clerk of the court where letters of office were granted. That certified copy goes to the sheriff of the proper county once redemption has occurred, to levy on and sell the premises being redeemed, and the proceeding runs the same way it would on any other judgment.
Frequently Asked Questions
Who does Section 12-140 treat as a judgment creditor?
A person whose claim has been allowed in probate against the estate of a deceased debtor.
What document lets a probate claimant redeem?
A certified copy of the order allowing the claim, issued by the clerk of the court where letters of office were granted.
What does the probate claimant do with that certified copy?
Deliver it to the sheriff of the proper county to levy upon and sell the premises sought to be redeemed, once redemption has occurred.
Does the redemption procedure differ from an ordinary judgment creditor's?
No, the section directs that like proceedings be had as upon other judgments.
What situation triggers use of this section?
Redemption from the sale of real estate belonging to a deceased debtor.
Amendment History
(Source: P.A. 83-707.)
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: probate claim redemption illinoisdeceased debtor real estate redemption illinoisprobate creditor as judgment creditor illinois