2026-09-10 · Illinois · Legislation

What happened. HB 4896 was signed June 26, 2026 as Public Act 104-0506, effective January 1, 2027. It adds a new Section 13-109.2 to the Code of Civil Procedure.¹

The section creates a route for a tenant in common who inherited real property under the intestate provisions of the Probate Act to obtain legal title. Three requirements, all cumulative:

• actual possession for 7 years;
• payment of all taxes on the property during those seven years; and
• a signed declaration of intent recorded with the recorder at least 2 years before commencing the action, with notice to other persons holding an ownership interest.

The association problem this addresses

It is one of the most persistent and least discussed problems in Illinois association collections. An owner dies. No estate is opened, because the unit is the only asset and probate costs more than the family can absorb. A relative — often an adult child who was already living there — stays in the unit, pays the taxes, and in many cases pays the assessments too.

The association now has a record owner who is deceased, an occupant with no recorded interest, and no clean party to bill, lien or serve.

Why the usual workarounds are bad

1. Public Act 104-0506 (HB 4896), tenants in common, full text ↩
2. HB 4896 bill status, Illinois General Assembly ↩