What extension applies when an Illinois defendant dies before the limitation period expires?

Establish the original limitation deadline and the prospective defendant’s actual death date.

Confirm that death preceded original expiration, the cause of action survives and the claim is not otherwise barred.

Identify the proper personal representative or the statutory conditions for court appointment of a special representative.

1. Establish the original limitation deadline and the prospective defendant’s actual death date.
2. Count six calendar months after death, not letters of office. The subsection (b) language concerns commencement after original expiration. A still-open ordinary limitation period is not automatically replaced by a shorter six-month date.
3. Check the final weekend, statutory holiday and the proper court’s actual calendar.
4. Commence the action against the proper representative and preserve the original limitation calculation, death evidence, representative authority and required notice records.

Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.

Fictitious example

Use this six-month component only after confirming death before original expiration, survival and the absence of another bar. Compare the original deadline independently. Do not enter issuance of letters of office. Fictitious death before original expiration one month later. The claim survives, is otherwise unbarred and is brought against its proper representative.

Fictitious qualifying post-expiration extension. Death, original expiration, survival and representative authority are independently established. This does not calculate the subsection (c) letters-of-office branch.

This is a qualified post-expiration extension

Subsection (b) requires death before original expiration, survival and no other bar. Establish those conditions before treating the six-month component as applicable.

No letters petition permits only a qualified appointment

Subsection (b)(2) permits court appointment of a special representative when no petition for letters has been filed, with the stated notice conditions. Recovery in that branch is limited to applicable liability-insurance proceeds.

Letters of office belong to a different branch

Subsection (c) addresses a claimant unaware of death who commenced against the deceased person. It includes diligent substitution and service, a two-year original-expiration limit and an insurance restriction tied to service after letters.

Claimant death uses a different comparison

Subsection (a) compares the original unexpired limitation deadline and one year after claimant death, using the later date. Do not use the defendant’s six months for that situation.

• This calculation does not determine whether relief is available or whether the facts satisfy the statute.
• A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.

• Establish the original limitation deadline and the prospective defendant’s actual death date.
• Confirm that death preceded original expiration, the cause of action survives and the claim is not otherwise barred.
• Identify the proper personal representative or the statutory conditions for court appointment of a special representative.
• Subsection (b) requires death before original expiration, survival and no other bar. Establish those conditions before treating the six-month component as applicable.
• Subsection (b)(2) permits court appointment of a special representative when no petition for letters has been filed, with the stated notice conditions. Recovery in that branch is limited to applicable liability-insurance proceeds.
• Subsection (c) addresses a claimant unaware of death who commenced against the deceased person. It includes diligent substitution and service, a two-year original-expiration limit and an insurance restriction tied to service after letters.
• Subsection (a) compares the original unexpired limitation deadline and one year after claimant death, using the later date. Do not use the defendant’s six months for that situation.
• Commence the action against the proper representative and preserve the original limitation calculation, death evidence, representative authority and required notice records. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.