If the plaintiff in ejectment dies after issue joined or judgment entered therein, the decedent's personal representatives may offer a suggestion of such death, of the granting of letters of office to them, and may claim their right to the mesne profits of the premises recovered, in the same manner, and with the like effect, as the decedent; and the same proceedings shall in all respects be had thereon.
6-139.Death of plaintiff.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a plaintiff's personal representatives, after the plaintiff dies following issue joined or judgment entered in ejectment, suggest the death and claim mesne profits in the same manner and with the same effect as the decedent could have.
Full Text of 735 ILCS 5/6-139
Plain-English Summary
Where 6-128 addresses the death of one of several joined plaintiffs before final judgment, this section addresses a related but distinct situation: the death of the ejectment plaintiff after issue has been joined or after judgment has already been entered. In that circumstance, the decedent's personal representatives may step forward on the estate's behalf.
Those representatives may offer a suggestion of the plaintiff's death, along with a suggestion that letters of office have been granted to them, formally establishing their authority to act for the estate. Having done so, they may claim the estate's right to the mesne profits of the recovered premises, standing in the decedent's position with the same effect the decedent would have had.
The section closes by tying the resulting procedure to what would otherwise have applied: the same proceedings shall in all respects be had on the representatives' claim as would have applied to the decedent's own claim, so the substitution of the personal representatives does not change the mesne-profits process described in the surrounding sections.
Frequently Asked Questions
When does this section's procedure apply?
When the plaintiff in ejectment dies after issue has been joined or after judgment has been entered in the action.
Who may act on the deceased plaintiff's behalf?
The decedent's personal representatives.
What must the representatives do to claim mesne profits?
Offer a suggestion of the plaintiff's death and of the granting of letters of office to them, and then claim the right to mesne profits of the recovered premises.
Does the substitution change the mesne-profits proceedings that follow?
No. The same proceedings shall in all respects be had on the representatives' claim as would have applied to the decedent's own claim.
How does this section differ from 6-128?
6-128 addresses the death of one of several joined plaintiffs before final judgment; this section addresses the death of the plaintiff after issue is joined or judgment is entered, focusing on the mesne-profits claim.
Amendment History
(Source: P.A. 83-707.)
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: death of plaintiff after ejectment judgment illinoispersonal representative mesne profits claimletters of office ejectment illinoisestate claiming mesne profits after plaintiff dies