Illinois courts
What is the deadline for amendment to substitute a personal representative where the plaintiff unknowingly sued a deceased person?
Amendment to substitute a personal representative where the plaintiff unknowingly sued a deceased person is governed by 735 ILCS 5/13-209(c). This page does not calculate a date. Three cumulative conditions (prompt motion after learning of the death, diligent service on the personal representative, and the amended complaint within 2 years of the original limitation date). Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 2 years
- Trigger
- Expiration of the original limitation period for the underlying claim
- Rule
- 735 ILCS 5/13-209(c)
Illinois rules as encoded, holiday calendar verified
Source guide · No automated date
Why this page does not calculate a date
Three cumulative conditions (prompt motion after learning of the death, diligent service on the personal representative, and the amended complaint within 2 years of the original limitation date). Only the third is computable.
Read Illinois Supreme Court Rulesthe plaintiff may proceed against the personal representative ... if all of the following terms and conditions are met: (1) After learning of the death, the plaintiff shall promptly move to substitute the personal representative ... (3) the plaintiff shall file the amended complaint within 2 years of the time limited for the commencement of the original action.
735 ILCS 5/13-209(c)
Which date starts the 2 years period?
The period runs from the expiration of the original limitation period for the underlying claim.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Illinois Supreme Court Rulesthe plaintiff may proceed against the personal representative ... if all of the following terms and conditions are met: (1) After learning of the death, the plaintiff shall promptly move to substitute the personal representative ... (3) the plaintiff shall file the amended complaint within 2 years of the time limited for the commencement of the original action.
735 ILCS 5/13-209(c)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 2 years counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Illinois legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under 5 ILCS 70/1.11 (Statute on Statutes, Computation of time).
If the final day is a Saturday, Sunday or legal holiday in the Illinois calendar, the computation rule carries it to the next open day.
Illinois computes time under 5 ILCS 70/1.11 (Statute on Statutes, Computation of time). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read 5 ILCS 70/1.11 (Statute on Statutes, Computation of time)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
Three cumulative conditions (prompt motion after learning of the death, diligent service on the personal representative, and the amended complaint within 2 years of the original limitation date). Only the third is computable.
Can an order, motion or extension change the deadline?
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- Three cumulative conditions (prompt motion after learning of the death, diligent service on the personal representative, and the amended complaint within 2 years of the original limitation date). Only the third is computable.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 2 years period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the expiration of the original limitation period for the underlying claim, or when I first learned of it?
The period runs from the expiration of the original limitation period for the underlying claim as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Which time zone and filing cutoff apply?
Illinois filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
5 ILCS 70/1.11 (Statute on Statutes, Computation of time)What if the court is inaccessible on the last day?
5 ILCS 70/1.11 (Statute on Statutes, Computation of time) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
5 ILCS 70/1.11 (Statute on Statutes, Computation of time)Extensions and local rules
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-209(c) | Trigger and period |
| 5 ILCS 70/1.11 (Statute on Statutes, Computation of time) | Counting, holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.