Actions under Sections 10 to 14, both inclusive, of "An Act to revise the law in relation to frauds and perjuries", approved February 16, 1874, as amended, shall be commenced within 2 years after the death of the person who makes a fraudulent legacy as provided in that Act, or who dies intestate and leaves real estate to his or her heirs to descend according to the laws of this State, unless letters of office are applied for on his or her estate within 2 years after his or her death and the representative has complied with the provisions of Section 18-3 of the Probate Act of 1975, as amended, in regard to the giving of notice to creditors, in which case the action shall be commenced within and not after the time for presenting claims against estates of deceased persons as provided in the Probate Act of 1975, as amended.
13-220.Fraud by decedents.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceClaims that a decedent made a fraudulent legacy, or died intestate to defraud heirs, must be filed within 2 years of death, unless an estate is opened with creditor notice within that period, in which case the Probate Act's own deadline applies.
Full Text of 735 ILCS 5/13-220
Plain-English Summary
This section covers a narrow set of fraud claims tied to a person's death: actions under Sections 10 through 14 of the old "An Act to revise the law in relation to frauds and perjuries" against someone who made a fraudulent legacy, or who died intestate and left real estate to descend to heirs under Illinois law. Those actions must be commenced within 2 years after the death of that person.
The 2-year deadline shifts if letters of office are applied for within that same 2-year window and the estate's representative gives creditors notice as required by Section 18-3 of the Probate Act of 1975. In that situation, the action must instead be commenced within the time set for presenting claims against a deceased person's estate under the Probate Act, rather than the flat 2-year period.
Frequently Asked Questions
How long do I have to sue over a fraudulent legacy in Illinois?
2 years after the death of the person who made the fraudulent legacy.
Does the same 2-year deadline apply if the person died intestate to defraud heirs?
Yes, if they left real estate to descend to heirs under Illinois law while intending to defraud them.
What changes the deadline from a flat 2 years?
If letters of office are applied for within 2 years of death and the representative gives creditor notice under Section 18-3 of the Probate Act, the Probate Act's own claims deadline applies instead.
Which older statute defines the underlying fraud claims covered here?
Sections 10 to 14 of "An Act to revise the law in relation to frauds and perjuries," approved February 16, 1874, as amended.
Does this section apply while the person who committed the fraud is still alive?
No. The 2-year period, and its estate-administration alternative, both run from the person's death.
Amendment History
(Source: P.A. 86-815.)
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 statute of limitations fraudulent legacysuing an estate for fraud illinois deadlineillinois frauds and perjuries act statute of limitationscontesting intestate fraud illinois