Illinois legislation · 104th General Assembly
Illinois SB3398: CIV PRO-TENANTS IN COMMON
Status: Signed into law, August 7, 2026
Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.
What the bill says
A bill FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3398Introduced 2/4/2026, by Sen. Robert F. MartwickSYNOPSIS AS INTRODUCED: ILCS 5/13-109.2 new 735 ILCS 5/13-109.2 new ILCS 5/13-109.2 new Amends the Code of Civil Procedure. Establishes a process for a tenantin common or tenants in common who have inherited real property under theintestate provisions of the Probate Act of 1975 to obtain legal title tothat property. Provides that the petitioner or petitioners must have beenin actual possession for 7 years and have paid all taxes on the propertyduring those 7 years…
From the introduced text, February 4, 2026:
A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3398Introduced 2/4/2026, by Sen. Robert F. MartwickSYNOPSIS AS INTRODUCED: ILCS 5/13-109.2 new 735 ILCS 5/13-109.2 new ILCS 5/13-109.2 new Amends the Code of Civil Procedure. Establishes a process for a tenantin common or tenants in common who have inherited real property under theintestate provisions of the Probate Act of 1975 to obtain legal title tothat property. Provides that the petitioner or petitioners must have beenin actual possession for 7 years and have paid all taxes on the propertyduring those 7 years. Requires that the petitioner or petitioners mustfile a signed declaration with the recorder of deeds at least 2 yearsbefore an action under the new provisions may be commenced stating intentto acquire title using the process under the new provisions, send notice toany other person or persons with an ownership interest in the property, andpublish a notice of the action in a newspaper of general circulation in thejurisdiction where the property is located. Permits persons with ownershipto oppose the petition. Makes other changes. LRB104 17550 JRC 30978 b LRB104 17550 JRC 30978 b LRB104 17550 JRC 30978 b A BILL FOR SB3398LRB104 17550 JRC 30978 b SB3398 LRB104 17550 JRC 30978 b SB3398 LRB104 17550 JRC 30978 b AN ACT concerning civil law. Be it enacted by the People …