No assignment, transfer or other disposition by an heir or distributee of his or her interest in the possession of an administrator or executor shall defeat the garnishment, unless (1) prior to the service of garnishment summons upon the administrator or executor, the transfer or other disposition is reduced to writing and (2) the writing is filed in the office of the clerk of the court appointing the executor or administrator.
12-719.Transfer of interest by heir or legatee.
Article XII. Judgments - Enforcement · Part 7. Garnishment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn heir or distributee cannot defeat a garnishment by transferring their interest in an estate unless the transfer was put in writing and filed with the clerk of the probate court before the garnishment summons was served.
Full Text of 735 ILCS 5/12-719
Plain-English Summary
Section 12-719 closes off a way to dodge the garnishment procedure Section 12-703 sets up for estates. An heir or distributee cannot defeat a garnishment of their interest in an administrator's or executor's possession by assigning, transferring, or otherwise disposing of that interest alone.
The transfer only defeats the garnishment if two things both happened before the garnishment summons was served on the administrator or executor: the transfer or disposition was reduced to writing, and that writing was filed in the office of the clerk of the court that appointed the executor or administrator. Without both steps completed beforehand, the garnishment reaches the heir's or distributee's interest regardless of any later transfer.
Frequently Asked Questions
Can an heir avoid garnishment of their estate interest by transferring it to someone else?
Only if the transfer was reduced to writing and that writing was filed with the clerk of the court that appointed the administrator or executor, and both happened before the garnishment summons was served.
What two conditions must be met for a transfer to defeat a garnishment under Section 12-719?
The transfer or disposition must be in writing, and that writing must be filed in the office of the clerk of the court that appointed the executor or administrator, both before the garnishment summons is served.
What happens if the heir transfers the interest only verbally or informally?
Section 12-719 requires the transfer to be reduced to writing and filed with the clerk to defeat the garnishment, so an informal or unfiled transfer does not defeat it.
Does the timing of the writing and filing matter?
Yes. Both the writing and the filing must occur prior to service of the garnishment summons upon the administrator or executor.
How does Section 12-719 relate to Section 12-703?
Section 12-703 allows an administrator or executor to be garnished for an heir's or distributee's interest, and Section 12-719 limits how that interest can be transferred away to avoid the garnishment.
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: transfer estate interest to avoid garnishmentheir assignment garnishment illinoisdefeating a garnishment illinois estateheir transfer interest before garnishment