If a person dies, after a court enters on judgment for the payment of money against him or her, the judgment may be enforced against the real estate of such deceased person, or a sale may be made under such judgment, without reviving the judgment against his or her heirs, legatees or legal representatives. No sale shall be made until after the expiration of 12 months from the death of such deceased person, nor shall any sale be had on such judgment until the person in whose favor the judgment is sought to be enforced shall give to the executor or administrator, or if there is neither, the heirs of the deceased, at least 3 months' notice of the existence of such judgment, before proceeding to sell, which notice shall be in writing if the parties required to be notified reside or may be found within the State, and their place of residence known, otherwise publication notice shall be given in the same manner as is provided for other civil cases.
12-157.Death of judgment debtor.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 12-157 allows a money judgment to be enforced against a deceased debtor's real estate without reviving it against the heirs, but bars any sale for 12 months after death and requires 3 months' written or published notice to the executor, administrator, or heirs before the sale.
Full Text of 735 ILCS 5/12-157
Plain-English Summary
When a judgment debtor dies after a money judgment is entered, this section lets enforcement continue against the deceased person's real estate, or lets a sale be made under the judgment, without needing to revive the judgment against the heirs, legatees, or legal representatives first.
Two safeguards protect the estate and heirs from a sale before they've had a chance to respond. No sale can happen until 12 months have passed since the debtor's death. And no sale can go forward on the judgment until the person seeking to enforce it gives at least 3 months' notice of the judgment's existence to the executor or administrator, or, if there is neither, to the heirs.
The form of that notice depends on whether the people entitled to it can be found. If they reside in Illinois and their place of residence is known, the notice must be in writing; otherwise, notice must be given by publication, in the same manner used in other civil cases.
Frequently Asked Questions
Must a judgment be revived against the debtor's heirs before enforcement continues after the debtor's death?
No, it may be enforced against the deceased debtor's real estate, or a sale may be made under it, without reviving the judgment against heirs, legatees, or legal representatives.
How soon after the debtor's death can a sale occur?
Not until 12 months have passed since the death.
What notice must the judgment creditor give before selling?
At least 3 months' notice of the judgment's existence to the executor or administrator, or, if there is neither, to the heirs.
What form must that notice take?
Written notice if the people to be notified reside in Illinois and their residence is known; otherwise, publication notice as in other civil cases.
What's the purpose of the waiting period and notice requirement?
To give the estate's representative or heirs time to learn of the judgment before the debtor's real estate is sold to satisfy it.
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: death of judgment debtor illinoisselling deceased debtor real estate illinoisnotice to heirs before sale illinois