Illinois Code § 735 ILCS 5/13-221

Contract to make will.
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An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.

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