When it is necessary in order to secure the collection of a judgment belonging to any estate the executor or administrator shall bid for and become the purchaser of real estate at the sale thereof by the sheriff, or other officer. The premises so purchased shall be assets in his or her possession, and may be again sold by him or her, with the approval of the circuit court, and the moneys arising from such sale shall be accounted for and paid over as other moneys in his or her possession.
12-156.Representative may purchase realty.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-156 lets an executor or administrator bid on and buy real estate at a sheriff's sale when necessary to protect the estate's judgment, holding that property as estate assets that may later be resold with circuit court approval.
Full Text of 735 ILCS 5/12-156
Plain-English Summary
This section follows naturally from Section 12-155's rule that a creditor's death doesn't stop enforcement. When securing collection of a judgment belonging to an estate requires it, the executor or administrator is authorized to bid for and become the purchaser of real estate at the sheriff's or other officer's sale of that property.
Property the representative buys this way becomes assets in the representative's possession, not a personal acquisition. The representative may resell that property, but only with the circuit court's approval, and any money the resale brings must be accounted for and paid over the same as other money in the representative's possession.
Frequently Asked Questions
When would an executor or administrator bid at a sale under Section 12-156?
When necessary to secure collection of a judgment belonging to the estate.
What happens to real estate the representative buys this way?
It becomes assets in the representative's possession, held for the estate.
Can the representative resell that property?
Yes, but only with the approval of the circuit court.
What happens to money from a later resale?
It's accounted for and paid over like other money in the representative's possession.
How does this section connect to Section 12-155?
Section 12-155 lets the representative enforce the judgment after the creditor's death; Section 12-156 lets the representative protect that judgment by purchasing at the enforcement sale itself.
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: executor purchase real estate at sale illinoisestate representative sheriff sale illinoisadministrator bidding at judgment sale illinois