Article XIII. Limitations · Part 1. Real Actions · Last amended 1998 · Last verified July 20, 2026
In one sentenceLets the heirs of someone who died while still under a Section 13-112 disability, without ever resolving the claim, bring the action within 2 years of that death.
Full Text of 735 ILCS 5/13-113
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If the person first entitled to make entry or bring such action dies during the continuance of any of the disabilities mentioned in Section 13- 112 of this Act, and no determination or judgment has been had of or upon the title, right or action which accrued to him or her, the entry may be made or the action brought by his or her heirs or any person claiming from, by or under him or her at any time within 2 years after his or her death, notwithstanding the time before limited in that behalf has expired.
The exceptions provided in this Section shall not apply to the provisions of Sections 13-118 through 13-121 of this Act.
Plain-English Summary
Section 13-112 tolls the limitations period for a disabled person. Section 13-113 covers what happens if that person dies before ever resolving the claim, with no judgment or determination reached. Their heirs, or anyone claiming through them, get 2 years from the date of death to make the entry or bring the action, even if the ordinary time limit has already expired.
Like Section 13-112, this extension doesn't apply to the 40-year marketable-title claims addressed in Sections 13-118 through 13-121; those sections stand apart from the disability-tolling scheme entirely.
Frequently Asked Questions
What triggers the extension in Section 13-113?
The death of a person entitled to sue or enter while still under one of the disabilities listed in Section 13-112, with the claim unresolved.
How long do the heirs have to act after that death?
Two years from the date of death.
Does it matter whether the general limitations period had already run before the person died?
No. The section applies notwithstanding that the time before limited has already expired.
Who can bring the action within the 2-year window?
The deceased person's heirs, or any person claiming from, by, or under them.
Does this extension reach the 40-year marketable-title sections?
No. The exceptions in this section don't apply to Sections 13-118 through 13-121.
Amendment History
(Source: P.A. 90-655, eff. 7-30-98.)
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 heirs extension disability death real propertytwo year extension after death illinois land claimdisabled person dies before suing illinois land