Such exemption shall continue after the death of such individual, for the benefit of the spouse surviving, so long as he or she continues to occupy such homestead, and of the children until the youngest child becomes 18 years of age; and in case the spouse deserts his or her family, the exemption shall continue in favor of the one occupying the premises as a residence.
12-902.Exemption after death or desertion.
Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceKeeps the homestead exemption alive after the owner dies or deserts the family, protecting a surviving spouse who keeps living there and any children until the youngest turns 18.
Full Text of 735 ILCS 5/12-902
Plain-English Summary
A homestead exemption would mean little if it vanished the moment the owner died. This section keeps it in place for the benefit of a surviving spouse, as long as that spouse continues to occupy the home, and for the couple's children until the youngest turns 18.
The section also covers desertion. If the head of the family deserts the household, the exemption continues in favor of whoever is left occupying the premises as a residence.
Note what this section doesn't do: it doesn't set the dollar amount of the exemption. That figure comes from elsewhere in this Part.
Frequently Asked Questions
Does the homestead exemption end when the homeowner dies?
No. It continues for a surviving spouse who keeps occupying the home, and for the children until the youngest turns 18.
How long does the exemption protect the couple's children after a parent dies?
Until the youngest child turns 18.
What condition must the surviving spouse meet to keep the exemption?
The spouse must continue to occupy the homestead.
What happens if the head of the family deserts instead of dies?
The exemption continues in favor of whoever occupies the premises as a residence.
Does this section set the dollar amount of the homestead exemption?
No. The dollar amount is set elsewhere in this Part, not in this section.
Amendment History
(Source: P.A. 82-783.)
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: illinois homestead exemption after deathsurviving spouse homestead exemption illinoishomestead exemption for children illinoisdesertion homestead exemption illinois