What limitation rule applies when an Illinois claimant dies before the filing period expires?

Independently determine and preserve the original limitation deadline under the actual cause of action.

Establish that the claimant died before that deadline expired and that the cause of action survives.

Identify the personal representative or the qualifying verified-motion procedure for appointment when no petition for letters has been filed.

1. Independently determine and preserve the original limitation deadline under the actual cause of action.
2. Establish that the claimant died before that deadline expired and that the cause of action survives.
3. Identify the personal representative or the qualifying verified-motion procedure for appointment when no petition for letters has been filed.
4. Independently calculate the original unexpired limitation deadline and one year after death under the applicable rules. Section 13-209(a) selects the later date. This guide cannot obtain the original deadline from a death date alone.
5. The proper representative must commence the surviving action within the applicable later period. Preserve the original calculation, death evidence, representative authority and any actual appointment order.

No computed date is published. Establish the applicable statutory periods and then check their governing counting and closed-day provisions separately.

The controlling date requires the later of the original unexpired limitation deadline and one year after death, plus survival and representative conditions. The existing one-date preset cannot make that comparison.

Death after original expiration does not satisfy the opening condition

Subsection (a) requires the entitled person to die before expiration of the time for commencement. A death date alone does not prove that the original action remained available.

The cause of action must survive

The statute expressly conditions this representative action on survival of the cause. Determine survival for the actual claim independently.

The later date controls

An original limitation period extending beyond the death anniversary remains relevant. Using only one year after death can produce a premature boundary.

Special appointment has stated information requirements

When no petition for letters has been filed, subsection (a)(2) permits the stated court appointment on a verified motion by a party appearing entitled to estate assets. It requires the specified known heirs, legatees and named-executor information.

Appointment does not finally determine estate rights

The special representative determination is for this section’s purposes, rather than a final adjudication of the claimant’s estate rights.

• 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.

• Independently determine and preserve the original limitation deadline under the actual cause of action.
• Establish that the claimant died before that deadline expired and that the cause of action survives.
• Identify the personal representative or the qualifying verified-motion procedure for appointment when no petition for letters has been filed.
• Subsection (a) requires the entitled person to die before expiration of the time for commencement. A death date alone does not prove that the original action remained available.
• The statute expressly conditions this representative action on survival of the cause. Determine survival for the actual claim independently.
• An original limitation period extending beyond the death anniversary remains relevant. Using only one year after death can produce a premature boundary.
• When no petition for letters has been filed, subsection (a)(2) permits the stated court appointment on a verified motion by a party appearing entitled to estate assets. It requires the specified known heirs, legatees and named-executor information.
• The special representative determination is for this section’s purposes, rather than a final adjudication of the claimant’s estate rights.
• The proper representative must commence the surviving action within the applicable later period. Preserve the original calculation, death evidence, representative authority and any actual appointment order. 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.