Judge Patricia O'Brien Sheahan
Individual Rules, Standing Orders & Policies
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Limits & Logistics
Document Limits
Courtesy Copies
Petition To Approve Settlement
- Email • Upon Filing
Courtesy copies
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Document Filing Requirements18 rules
Checked against the court's document on Sep 21, 2026Mandatory
Attorneys must submit a written petition and proposed order of distribution to the presiding judge when seeking settlement approval in minor/disabled person, wrongful death, or survival actions.
Any attorney seeking approval of a settlement in an action involving: (1) a minor's or disabled person's personal injury case; (2) an action brought under the Wrongful Death Act; or (3) an action which survives a plaintiff's death shall, in a written form, submit a petition and proposed order of distribution to the judge presiding over the matter at the time of settlement.
Document Type
Settlement Petition
Checked against the court's document on Sep 21, 2026Mandatory
A probate proceeding must be instituted when the net distributable amount to a minor or disabled person is $10,000 or more.
In any action in which the net amount distributable after deducting fees, expenses, and liens from the total settlement amount to a minor or disabled person is $10,000.00 or more, a proceeding must be instituted in the Probate Division in the county where the minor or disabled person resides.
Document Type
Probate Proceeding
Checked against the court's document on Sep 21, 2026Mandatory
The order of distribution must not contain language appointing a guardian, designating a depository, or waiving a bond.
The order shall not contain language which appoints a guardian, designates a depository or purports to waive a bond.
Document Type
Order Of Distribution
Checked against the court's document on Sep 21, 2026Mandatory
The order of distribution must contain the specified guardian-appointment and bond-approval language.
In such instances, the order of distribution must contain the following language: "The settlement amount approved herein shall be paid only to a guardian appointed by the probate division where the minor or disabled person resides and this order shall be effective only after the entry in the probate division or circuit court of an order approving the bond or other security required to administer the settlement and distribution provided for in this order."
Document Type
Order Of Distribution
Checked against the court's document on Sep 21, 2026Mandatory
The settlement petition must include a brief recitation of the case's known facts.
In order to make a finding that the settlement is "fair and reasonable," the Petition must include a brief recitation of the case's known facts.
Document Type
Settlement Petition
Checked against the court's document on Sep 21, 2026Mandatory
The settlement order must contain the language 'The settlement amount is fair and reasonable.'
The settlement order must contain the following language: "The settlement amount is fair and reasonable."
Document Type
Settlement Order
Checked against the court's document on Sep 21, 2026Mandatory
After entry of the order, the personal representative must file a Probate Division petition requesting an order authorizing acceptance of the distributable amount and fixing/approving the bond or other security.
Upon the entry of the order, the representative shall file a petition in the Probate Division requesting the entry of an order authorizing the representative to accept the distributable amount and fixing and approving the bond, unless waived by the Probate Division, or other security required pursuant to the settlement or judgment.
Document Type
Petition
Checked against the court's document on Sep 21, 2026Mandatory
Orders of distribution must state the recipient, how funds will be used and protected, tax treatment, and account administrator.
In any case, the order of distribution must indicate to whom the funds will be distributed, how they will be used and protected (bank account, money market account, etc), whether said account will be taxed, and who will be administering the account.
Document Type
Order Of Distribution
Checked against the court's document on Sep 21, 2026Mandatory
Orders in special administrator wrongful death actions must provide that the court hearing the action distributes the recovery; proceeds over $10,000 distributable to a minor/disabled person are administered under Probate Division supervision.
In wrongful death actions brought by a special administrator appointed pursuant to 740 ILCS 180/2, the order entering judgment or approving the settlement shall provide that the court in which the action is heard shall distribute the amount recovered in any such action. However, if proceeds in excess of $10,000.00 are distributable to a minor or disabled person, the order of distribution shall be administered and distributed under the supervision of the Probate Division.
Document Type
Settlement Order
Checked against the court's document on Sep 21, 2026Mandatory
Every petition and order of distribution must include a detailed itemization of all expenses claimed, and the party seeking attorney's fees bears the burden of proving them.
Every petition and order of distribution must include a detailed itemization of all expenses claimed and the party seeking to recover attorney's fees bears the burden of presenting sufficient evidence to support the claim.
Document Type
Petition And Order Of Distribution
Checked against the court's document on Sep 21, 2026Important
Where multiple petitions are submitted, each petition may include only expenses attributable to the parties involved in that particular settlement.
In any case where more than one petition is submitted (i.e., where parties settle at different times during the litigation), only those expenses attributable to the parties involved in the particular settlement shall be included in each respective petition.
Document Type
Petition
Checked against the court's document on Sep 21, 2026Important
The court shall exclude deductions for excessive, redundant, duplicative, or otherwise unnecessary expenses from distribution orders.
The court shall exclude from any distribution order deductions for expenses that are "excessive, redundant, duplicative, or otherwise unnecessary."
Document Type
Distribution Order
Checked against the court's document on Sep 21, 2026Important
Vouchers must evidence that funds were distributed as ordered and that claimed attorney expenses match costs actually paid.
In all settlements where the distribution of the proceeds is not supervised by the Probate Division, the plaintiff's attorney must, within 60 days of entry, file and submit to the settling judge vouchers evidencing that: 1) the funds have been distributed and received in accordance with the settlement order and 2) the attorney expenses claimed in the settlement order are consistent with costs actually paid.
Document Type
Voucher
Checked against the court's document on Sep 21, 2026Important
Prospective expenses are not recoverable in the Law Division or 1st Municipal Division, but an attorney may include specified language in the order to preserve recovery from the Probate estate.
Expenses that are prospective, such as expenses to be paid by the attorney subsequent to the entry of the settlement and distribution order, Probate filing fees, bond fees, etc., are not recoverable in the Law Division or the 1st Municipal Division. However, to ensure recovery of said expenses the attorney may include the following language in the order: "The Probate expense(s) claimed herein appear reasonable, however, reimbursement of the same must be obtained from the Probate estate."
Document Type
Distribution Order
Not confirmed. Read the court's wording below.Mandatory?
The order approving the settlement or entering the judgment in such actions shall provide that the amount distributable, based on dependency, shall be accounted for and administered in the Probate Division.
Summary: Orders approving settlement or entering judgment in wrongful death/survival actions brought by a personal representative must provide that the distributable amount will be accounted for and administered in the Probate Division.
Document Type
Settlement Order
Not confirmed. Read the court's wording below.Mandatory?
A copy of the order entered in Law Division must be attached to the petition.
Summary: A copy of the Law Division order must be attached to the Probate Division petition.
Document Type
Petition
Not confirmed. Read the court's wording below.Important?
Expenses that that are indistinct in terms of the task performed, its purposes, or the time spent on the task are considered "ambiguous" and unrecoverable.
Summary: Expenses that are ambiguous as to task, purpose, or time spent are unrecoverable.
Document Type
Petition And Order Of Distribution
Not confirmed. Read the court's wording below.Important?
An attorney cannot separately itemize and charge to the client expenses properly designated as overhead.
Summary: Attorneys may not separately itemize and charge clients for overhead expenses.
Document Type
Petition And Order Of Distribution
Filing & Service rules
Filing Timing and Cure Windows
In settlements not supervised by the Probate Division, the plaintiff's attorney must file vouchers with the settling judge within 60 days of entry.
In all settlements where the distribution of the proceeds is not supervised by the Probate Division, the plaintiff's attorney must, within 60 days of entry, file and submit to the settling judge vouchers evidencing that: 1) the funds have been distributed and received in accordance with the settlement order and 2) the attorney expenses claimed in the settlement order are consistent with costs actually paid.
Checked against the court's document on Sep 21, 2026 · Civil cases
Page 6 | F. Vouchers
Failing to file vouchers within the designated period may result in the issuance of a rule to show cause.
Failure to file vouchers within this designated period could result in the issuance of a rule to show cause.
Checked against the court's document on Sep 21, 2026 · Civil cases
Page 6 | F. Vouchers
Pretrial settlement submissions should be submitted at least 3 calendar days before the conference.
Pretrial settlement submissions should be submitted to the Court at least 3 days prior to the conference. Parties are to agree whether or not the settlement submissions will be confidential. The Court has no preference in this regard.
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Page 2 | II. PRETRIAL D. Pretrial settlement submissions
Courtesy Copy Requirements
Settlement petitions for wrongful death, survival, minors, or disabled individuals must be filed with courtesy copies via email to the judge, and all email transmittals must copy all counsel of record.
Petitions to Approve Settlement in cases involving wrongful death, survival, minor(s) or disabled individuals must be filed, with courtesy copies delivered to patricia.sheahan@cookcountyil.gov. All email transmittals must copy all counsel of record. Adherence to the Procedures adopted by the Law, Municipal and Probate Divisions is required.
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Page 2 | III. PETITIONS TO APPROVE SETTLEMENT
Chambers Communication Rules
Attorneys should submit 3-5 possible pretrial dates/times to the judge's email, including case name/number and copying all counsel of record.
Attorneys should submit 3-5 possible dates and times that work for all parties to patricia.sheahan@cookcountyil.gov. Please include the case name and number. Copy all counsel of record on the communication with the Court. The judge will select the first available date for a pretrial.
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Page 2 | II. PRETRIAL A. Dates
Court Clerk Anthony Tucker's email address is aztucker@cookcountycourt.com.
Court Clerk: Anthony Tucker aztucker@cookcountycourt.com
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Judge Sheahan's email address is patricia.sheahan@cookcountyil.gov, used for scheduling, pretrial orders, and settlement petition courtesy copies.
patricia.sheahan@cookcountyil.gov
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Judge Sheahan's phone number is (312) 603-6551.
(312) 603-6551
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