Administrators and executors may be summoned as garnishees regarding indebtedness or other property belonging to any heir or distributee of any estate, but judgment shall not be rendered against an administrator or an executor until an order of distribution is entered by the court which appointed him or her.
12-703.Garnishment of administrators and executors.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn administrator or executor can be summoned as a garnishee over money or property owed to an heir or distributee, but the court cannot enter judgment against them until it orders distribution of the estate.
Full Text of 735 ILCS 5/12-703
Plain-English Summary
Section 12-703 lets a judgment creditor reach an inheritance before it lands in the debtor's hands. If the judgment debtor is an heir or distributee of an estate, the creditor can summon the estate's administrator or executor as garnishee, just as it would summon a bank or an employer holding the debtor's money.
The section adds one safeguard for the estate. A court cannot enter judgment against the administrator or executor until the probate court that appointed them has entered an order of distribution. That timing rule keeps the garnishment case from forcing a payout before the estate is ready to distribute assets, and it keeps the probate court, not the garnishment court, in control of when a distributive share becomes payable.
Frequently Asked Questions
Can a creditor garnish an inheritance an heir has not yet received?
Yes. Section 12-703 allows the administrator or executor of the estate to be summoned as garnishee for money or property owed to an heir or distributee.
When can a court enter judgment against an administrator or executor as garnishee?
Only after the court that appointed the administrator or executor has entered an order of distribution for the estate.
Which court enters the order of distribution referenced in Section 12-703?
The section refers to the court that appointed the administrator or executor, meaning the probate court handling the estate.
What happens if the creditor tries to force a garnishment judgment before distribution is ordered?
Section 12-703 does not allow it. Judgment against the administrator or executor waits until the order of distribution is entered.
Does Section 12-703 apply to any heir, or only certain ones?
It applies to any heir or distributee of an estate whose administrator or executor is holding money or property that heir would eventually receive.
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: garnishing an inheritance illinoisgarnishment against executorgarnishment against administrator of estateheir distributee garnishment illinois