An action against the representative, heirs and legatees of a deceased person to enforce a contract to make a will, shall be commenced within 2 years after the death of the deceased person 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 a claim against the estate of a deceased person as provided in the Probate Act of 1975, as amended.
13-221.Contract to make will.
Article XIII. Limitations · Part 2. Personal Actions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn action to enforce a contract to make a will must be brought within 2 years of the decedent's death, unless a timely-opened estate with creditor notice shifts the deadline to the Probate Act's own claims period.
Full Text of 735 ILCS 5/13-221
Plain-English Summary
This section sets the deadline for a specific kind of claim: enforcing a contract to make a will, brought against the representative, heirs, and legatees of the person who was supposed to make that will. The action must be commenced within 2 years after the death of the deceased person.
As with the fraudulent-legacy claims in the preceding section, that flat 2-year deadline shifts if letters of office are applied for within the 2-year window and the representative gives creditor notice as required by Section 18-3 of the Probate Act of 1975. In that case, the action must instead be commenced within the time set by the Probate Act for presenting a claim against the deceased person's estate.
Frequently Asked Questions
How long do I have to sue to enforce a contract to make a will in Illinois?
2 years after the death of the deceased person, unless the estate-administration exception applies.
Who can this kind of action be brought against?
The representative, heirs, and legatees of the deceased person.
What changes the deadline from a flat 2 years?
Letters of office applied for within 2 years of death, combined with creditor notice under Section 18-3 of the Probate Act, shifts the deadline to the Probate Act's claims-filing period.
Is this the same rule as Section 13-220's fraudulent legacy deadline?
The structure is the same, but this section covers enforcing a contract to make a will rather than a fraudulent legacy or intestate fraud claim.
Does this deadline run from when the contract was made?
No. It runs from the death of the deceased person who was to make the will.
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 contract to make a willenforcing a promise to make a will illinois deadlinesuing an estate over a will contract illinoisillinois probate act claims deadline contract to make will