12-910.Proceedings to enforce judgment.

Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Last amended 2026 · Last verified July 20, 2026

In one sentenceSpells out how an officer appraises homestead property believed to be worth more than the exemption, using three sworn commissioners paid $5 a day, to see whether it can be split into an exempt homestead and a sellable remainder.

Full Text of 735 ILCS 5/12-910

Text size

If in the opinion of the judgment creditors, or the officer holding a certified copy of a judgment for enforcement against such individuals, the premises claimed by him or her as exempt are worth more than $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual owners, such officer shall summon 3 individuals, as commissioners, who shall, upon oath, to be administered to them by the officer, appraise the premises, and if, in their opinion, the property may be divided without damage to the interest of the parties, they shall set off so much of the premises, including the dwelling house, as in their opinion is worth $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual owners, and the residue of the premises may be advertised and sold by such officer. Each commissioner shall receive for his or her services the sum of $5 per day for each day necessarily engaged in such service. The officer summoning such commissioners shall receive such fees as may be allowed for serving summons, but shall be entitled to charge mileage for only the actual distance traveled from the premises to be appraised, to the residence of the commissioners summoned. The officer shall not be required to summon commissioners until the judgment creditor, or some one for him or her, shall advance to the officer one day's fees for the commissioners, and unless the creditor shall advance such fees the officer shall not be required to enforce the judgment. The costs of such appraisement shall not be taxed against the judgment debtor unless such appraisement shows that the judgment debtor has property subject to such judgment.

End

Plain-English Summary

When a judgment creditor or the enforcing officer believes the debtor's premises are worth more than the exemption amount, this section sets the appraisal process in motion. The officer summons three individuals as commissioners, who take an oath before appraising the property.

If the commissioners find the property can be divided without damaging the parties' interests, they set off the portion worth the exemption amount, including the dwelling house, and the remaining premises may be advertised and sold.

The section also fixes the administrative details: commissioners are paid $5 per day for each day necessarily engaged, the officer collects the usual summons fees plus mileage for actual distance traveled, and the officer isn't required to summon commissioners until the creditor advances one day's commissioner fees. The costs of the appraisal aren't charged to the debtor unless the appraisal shows the debtor has property subject to the judgment.

Frequently Asked Questions

Who appraises homestead property to see whether it can be divided?

Three individuals summoned by the officer as sworn commissioners.

How much are the commissioners paid?

$5 per day for each day necessarily engaged in the appraisal.

Does the creditor have to pay anything before the appraisal happens?

Yes. The officer isn't required to summon commissioners until the creditor advances one day's commissioner fees.

What happens if the commissioners find the property can be divided?

They set off the exempt portion, including the dwelling house, and the remaining premises may be advertised and sold.

Who pays the costs of the appraisal?

Not the debtor, unless the appraisal shows the debtor has property subject to the judgment.

Amendment History

(Source: P.A. 104-120, eff. 1-1-26.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: homestead property appraisal illinoiscommissioners homestead exemption illinoisdividing homestead property in a judgment illinoisappraisal commissioners fees illinois homestead