Upon the approval of the report by the court, the proceeds of the sale shall be distributed by the person making the sale, as directed by the court, to the persons entitled thereto, according to their interests, or, in appropriate cases, to the persons and in the amounts and manner as now or hereafter provided in the applicable sections of the Probate Act of 1975, as amended, relating to small estates.
17-119.Distribution of proceeds.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects that once the court approves the sale report, the person who conducted the sale distributes the proceeds to whoever is entitled to them, according to their interests, following the court's directions.
Full Text of 735 ILCS 5/17-119
Plain-English Summary
Confirmation of the sale is the trigger for payout under this section. Once the court approves the report of sale, the proceeds are distributed by the person who conducted the sale, as the court directs, to the persons entitled to them according to their respective interests.
The section also points to the Probate Act of 1975's small-estates provisions for appropriate cases, letting proceeds due to a small estate flow through that established mechanism rather than requiring a separate one within the partition case itself.
Frequently Asked Questions
When are partition sale proceeds distributed?
Upon the court's approval of the report of sale.
Who distributes the proceeds of a partition sale?
The person who made the sale, distributing as directed by the court.
How are the proceeds divided among the parties?
According to their respective interests in the premises, as the court directs.
What if a party entitled to proceeds qualifies as a small estate?
The section allows distribution in the manner provided in the applicable small-estates sections of the Probate Act of 1975, in appropriate cases.
Does the sale officer distribute proceeds without court involvement?
No. Distribution happens upon the court's approval of the report and as the court directs.
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
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