Scott v. Estate of Day

In this case, we are asked to decide whether a contract purchaser of real estate from a decedent’s estate is a person having an interest in the real estate within section 20—5(b) of the Probate Act of 1975 (755 ILCS 5/20—5(b) (West 1992)). We hold that the purchaser does come within the statute and should be made a defendant in the proceeding for court approval of the sale.

Rosemary Cleaver and Marie Clark were the sisters and only heirs of decedent Ora B. Day. They entered into a real estate contract where, as sellers, they agreed to sell decedent’s five-room home and approximately 20 acres…