If the person entitled to any estate is unknown, the court may determine whether the estate shall be sold or not, as in case of persons under disability, and in the event of sale, make such order for the protection of the rights of such person, in the same manner, as far as may be, as if the person were known and had appeared.
17-121.Unknown owners.
Article XVII. Partition · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the court decide whether to sell an unknown person's estate the same way it would for a person under a legal disability, and directs protective measures for that unknown person's rights as if they were known and had appeared.
Full Text of 735 ILCS 5/17-121
Plain-English Summary
This section fills the gap left when the holder of an estate in the premises cannot be identified. If the person entitled to any estate is unknown, the court may decide whether that estate should be sold, using the same approach it would apply to a person under disability.
If the court does order a sale, it must make orders protecting that unknown person's rights, treating the situation, as far as possible, the same way it would if the person were known and had appeared in the case.
Frequently Asked Questions
What happens to an estate in a partition case when its owner is unknown?
The court may determine whether that estate should be sold, applying the same standard used for a person under disability.
Does the unknown owner lose protection just because they can't be identified?
No. The court must make orders protecting that person's rights, as far as possible, as if the person were known and had appeared.
What standard does the court use for an unknown owner's estate?
The same one it applies in the case of persons under disability.
Does the court have to order a sale whenever an owner is unknown?
No. The section frames it as a determination the court makes, not an automatic requirement.
What happens to sale proceeds belonging to an unknown owner?
A related section addresses depositing proceeds belonging to a non-resident or a person whose name is unknown into the county treasury.
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
Also known as: unknown owner partition sale illinoisprotecting unknown party rights partition illinoisperson under disability partition illinoisunidentified estate holder partition illinois