After the settlement of a case involving claims for wrongful death and personal injury, the plaintiff, independent administrator of an estate, filed a motion under section 2-2301 of the Code of Civil Procedure seeking entry of judgment, costs, and interest against the two settling defendants. The trial court denied the motion, reasoning that an order from the probate division approving a bond or other security required to administer the settlement and distribution was necessary before defendants were required to tender settlement checks to the plaintiff. The appellate court affirmed, explaining that where the plaintiff relies on the Probate Act as the source of authority to prosecute a claim, the requirements of obtaining court approval of a bond prior to receiving a settlement applies to wrongful death claims. (LAVIN and PUCINSKI, concurring)
Illinois Appellate Court
Civil Court
Probate Act