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Illinois Probate Act of 1975 - 755 ILCS 5Legal Research Home > Illinois Lawyer > Probate Act of 1975 > Illinois Probate Act of 1975 - 755 ILCS 5 Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-1 Title . This Act may be cited as the Probate Act of 1975. (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2 Definitions . As used in this Act, unless the context requires otherwise, the terms defined and the words construed in the following Sections have the meanings ascribed ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.01 "Administrator" includes administrator de bonis non and administrator with the will annexed . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.02 "Administrator with the will annexed" includes administrator de bonis non with the will annexed . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.03 "Authenticated copy" means (1) a certified copy if the office in which the record of the original is kept is in this State or (2) a copy exemplified ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.04 "Bequeath" means to dispose of real or personal property by will and includes devise . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.05 "Claim" includes any cause of action . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.06 "Dependent" means a person who is unable to maintain himself and is likely to become a public charge . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.07 "Encumbrance" includes mortgage, real estate tax or special assessment, deed of trust, vendor's lien, security agreement and other lien . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.08 "Guardian" includes a representative of a minor and a representative of a person under legal disability . (Source: P.A. 83-706.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.09 "Independent administration" means administration of a decedent's estate pursuant to Article XXVIII . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.10 "Independent representative" means an executor or administrator acting pursuant to Article XXVIII . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.11 "Interested person" in relation to any particular action, power or proceeding under this Act means one who has or represents a financial interest, property right or fiduciary status ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.12 "Legacy" means a testamentary disposition of real or personal property and includes devise and bequest . "Legatee" includes devisee. (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.13 "Mortgage" includes trust deed in the nature of a mortgage . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.14 "Personal fiduciary" means one acting on behalf of a ward pursuant to Section 28-3 during independent administration . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.15 "Representative" includes executor, administrator, administrator to collect, standby guardian, guardian and temporary guardian . (Source: P.A. 88-529.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.16 "Supervised administration" means administration of a decedent's estate pursuant to the provisions of this Act other than Article XXVIII . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.17 "Ward" includes minor and disabled person . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.18 "Will" includes testament and codicil . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.19 Words importing the masculine, feminine or neuter gender include each of the other genders where applicable . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.20 Words importing the singular number include the plural and words importing the plural number include the singular . (Source: P.A. 81-213.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.21 Words referring to the property or estate of a person under the age of 18 years exclude "custodial property" as defined in the Illinois Uniform Transfers to Minors ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.22 In any proceeding under this Act the words "executor", "administrator", "guardian" and "testator" may be used without regard to the sex of the person . (Source: P.A. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.23 "Standby guardian" means: (i) a guardian of the person or estate, or both, of a minor, as appointed by the court under Section 11-5 .3, to become ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-2.24 "Short-term guardian" means a guardian of the person of a minor as appointed by a parent of the minor under Section 11-5 .4 or a guardian of the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-3 Corporation as representative . Any corporation qualified to accept and execute trusts in this State is qualified to act as representative of the estate of a decedent ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-4 Pleadings . On the court's own motion or on motion of any interested person, before or during any hearing, any person who desires to oppose the entry ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-5 Petition under oath . Every petition under this Act, except a petition under Section 8-1 or Section 8-2, shall be under oath or affirmation. If a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-6 Civil Practice Law applies . The Civil Practice Law and all existing and future amendments and modifications thereof and the Supreme Court Rules now or hereafter adopted ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-7 Mispleading - representative not liable beyond assets . No representative or his surety is chargeable beyond the assets of the estate administered by reason of any omission ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-8 Penalty for false affidavit . A person who makes a false affidavit under this Act is guilty of perjury and upon conviction shall be punished as provided ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-9 Act to be liberally construed . This Act and the rules now or hereafter applicable thereto shall be liberally construed to the end that controversies and the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-10 Partial invalidity . The invalidity of any provision of this Act does not affect the remainder of this Act. (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 1-11 Nonresident representative . If a representative is or becomes a nonresident of this State, the representative shall file in the court in which the estate is pending ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-1 Rules of descent and distribution . The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-2 Children born out of wedlock . The intestate real and personal estate of a resident decedent who was a child born out of wedlock at the time of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-3 Posthumous child . A posthumous child of a decedent shall receive the same share of an estate as if the child had been born in the decedent's ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-4 Adopted child . (a) An adopted child is a descendant of the adopting parent for purposes of inheritance from the adopting parent and from the lineal and ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-5 Advancements . (a) In the division and distribution of the estate of an intestate decedent, real or personal estate given by him in his lifetime as an advancement ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-6 Person causing death . A person who intentionally and unjustifiably causes the death of another shall not receive any property, benefit, or other interest by reason of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-6.2 Financial exploitation, abuse, or neglect of an elderly person or a person with a disability . (a) In this Section: "Abuse" means any offense described in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-6.5 Parent neglecting child . A parent who, for a period of one year or more immediately before the death of the parent's minor or dependent child, has ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-6.6 Person convicted of certain offenses against the elderly or disabled . A person who is convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-7 Disclaimer . (a) Right to Disclaim Interest in Property. A person to whom any property or interest therein passes, by whatever means, may disclaim the property or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-8 Renunciation of will by spouse . (a) If a will is renounced by the testator's surviving spouse, whether or not the will contains any provision for the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 2-9 Dower and Curtesy . There is no estate of dower or curtesy. All inchoate rights to elect to take dower existing on January 1, 1972, are ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 3-1 No sufficient evidence of survivorship . If the title to property or its devolution depends upon priority of death and there is no sufficient evidence that the persons ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 3-2 Uniformity of interpretation . This Article shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-1 Capacity of testator . Every person who has attained the age of 18 years and is of sound mind and memory has power to bequeath by will the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-2 Testamentary powers of appointment . This Section applies only to powers of appointment exercisable by a will. (a) Capacity of holder of power. A power of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-3 Signing and attestation . (a) Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-4 Testamentary additions to trusts . By a will signed and attested as provided in this Act a testator may bequeath or appoint real and personal estate to a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-5 Insurance and death benefits payable to testamentary trustee . A person having the right to designate a beneficiary of benefits payable under any insurance, annuity or endowment contract ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-6 Beneficiary or creditor as witness . (a) If any beneficial legacy or interest is given in a will to a person attesting its execution or to his spouse, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-7 Revocation - revival . (a) A will may be revoked only (1) by burning, cancelling, tearing or obliterating it by the testator himself or by some person in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-8 Contract for sale . If after making his will the testator makes a contract for the sale or transfer of real or personal property specifically bequeathed therein and ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-9 Effect of alteration . An addition to a will or an alteration, substitution, interlineation or deletion of any part of a will which does not constitute a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-10 Effect of child born after will . Unless provision is made in the will for a child of the testator born after the will is executed or unless ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-11 Legacy to a deceased legatee . Unless the testator expressly provides otherwise in his will, (a) if a legacy of a present or future interest is to a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-13 Effect of order admitting will to probate . Every will when admitted to probate as provided by this Act is effective to transfer the real and personal estate ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-14 Intestate estate of testator . The real and personal estate of a testator that is not bequeathed by his will descends and shall be distributed as intestate estate. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 4-15 Debtor as executor . The appointment of the debtor of the testator as executor of his will does not extinguish any debt due from the executor to the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 5-1 Place of probate of will or of administration of estate . When the will of a testator is probated or when the estate of a decedent or missing ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 5-2 Situs of personal estate of nonresident decedent or missing person . For the purpose of granting administration of both testate and intestate estates of nonresident decedents or estates ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 5-3 Power to ascertain and declare heirship - evidence . (a) The court may ascertain and declare the heirship of any decedent to be entered of record in the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-1 Duty to file will - altering, destroying or secreting . (a) Immediately upon the death of the testator any person who has the testator's will in his ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-2 Petition to admit will or to issue letters . Anyone desiring to have a will admitted to probate must file a petition therefor in the court of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-3 Duty of executor to present will for probate . (a) Within 30 days after a person acquires knowledge that he is named as executor of the will of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-4 Admission of will to probate - testimony or affidavit of witnesses . (a) When each of 2 attesting witnesses to a will states that (1) he was ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-5 Deposition of witness . When a witness to a will resides outside the county in which the will is offered for probate or is unable to attend court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-6 Proof of handwriting of deceased, disabled or inaccessible witness . (a) If a witness to a will (1) is dead, (2) is blind, (3) is mentally or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-7 Will to remain with clerk . All original wills which are admitted to probate shall remain in the custody of the clerk, unless otherwise ordered by the court. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-8 Issuance of letters testamentary . When a will is admitted to probate, letters testamentary shall be issued to the executor named in the will if he qualifies and ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-9 Failure or refusal to qualify - death, resignation or revocation of letters - non-designation . Unless otherwise provided by the will, (a) if one of several executors named ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-10 Notice - waiver . (a) Not more than 14 days after entry of an order admitting or denying admission of a will to probate or appointing a representative, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-11 Omitted or unnotified heir or legatee . (a) If it appears after entry of an order admitting or denying admission of a will to probate that an ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-12 Appointment of guardian ad litem . When an heir or legatee of a testator is a minor or disabled person who is entitled to notice under Section 6-10 ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-13 Who may act as executor . (a) A person who has attained the age of 18 years and is a resident of the United States, is not ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-14 Power of executor before issuance of letters . Before issuance of letters to an executor his power extends to the carrying out of any gift of the decedent's ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-15 Executor to administer all estate of decedent . The executor or the administrator with the will annexed shall administer all the testate and intestate estate of the decedent. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-16 Power of administrator with the will annexed . Unless otherwise expressly provided by the will, an administrator with the will annexed has all the powers and duties of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-17 Witness to appear for probate - penalty . It is the duty of a witness to any will executed in this State to appear before the court at ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-18 Will as evidence . An authenticated copy of a domestic or foreign will and of the order admitting it or denying it to probate are evidence in any ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-19 Judge as witness . If a judge is a witness to a will which is required by law to be proved before him, another judge shall be designated ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-20 Petition to admit will to probate on presumption of death of testator - notice . (a) Anyone desiring to have a will admitted to probate on the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 6-21 Formal proof of will . If a will has been admitted to probate before notice in accordance with Section 6-4, any person entitled to notice under Section ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 7-1 Foreign will admitted to probate . A will signed by the testator when proved as provided in this Article may be admitted to probate in this State when ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 7-2 Procedure for probate of foreign will . The provisions of this Act concerning the procedure for the admission to probate of a domestic will govern the procedure for ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 7-3 Proof of foreign will by copy . (a) A written will admitted to probate outside of this State is sufficiently proved to admit it to probate in this ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 7-4 Original proof of foreign will in this State . (a) A will executed outside of this State in accordance with this Act is sufficiently proved to admit it ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 7-5 Effect of probate of foreign will . The admission to probate in this State of a will executed and proved in the manner provided by this Article ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 7-6 Disposition of personal estate of nonresident decedent . If a nonresident decedent who is a citizen of the United States or a citizen or subject of a foreign ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 8-1 Contest of admission of will to probate; notice . (a) Within 6 months after the admission to probate of a domestic will in accordance with the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 8-2 Contest of denial of admission of will to probate . (a) Within 6 months after the entry of an order denying admission to probate of a domestic ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-1 Who may act as administrator . A person who has attained the age of 18 years, is a resident of the United States, is not of unsound ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-2 Issuance of letters of administration . When a person dies intestate, letters of administration shall be issued in accordance with the preferences in Section 9-3 upon petition ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-3 Persons entitled to preference in obtaining letters . The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-4 Petition to issue letters . Anyone desiring to have letters of administration issued on the estate of an intestate decedent shall file a petition therefor in the court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-5 Notice-Waiver . (a) Not less than 30 days before the hearing on the petition to issue letters, the petitioner shall mail a copy of the petition, endorsed with ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-6 Petition to issue letters on presumption of death of decedent - notice - waiver . (a) Anyone desiring to have original letters of administration issued on the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-7 Revocation of letters and issuance of new letters of administration - preference . If the petitioner has not mailed, as provided in this Article, a copy of the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-8 Distribution on summary administration . Upon the filing of a petition therefor in the court of the proper county by any interested person and after ascertainment of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-9 Payment or delivery of personal estate on order for summary administration . Upon receipt of an authenticated copy of the order of the court, as provided in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 9-10 Omitted or unnotified heir . If it appears after entry of an order directing that original letters of office issue to an administrator that a person entitled ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 10-1 Letters of administration to collect . (a) Upon the filing of a petition of any interested person or upon its own motion, the court may issue letters of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 10-2 Petition for letters of administration to collect . A person desiring to have letters of administration to collect issued on the estate of a deceased or missing person ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 10-3 Administrator to collect for missing person - notice . When letters of administration to collect are sought for the estate of a missing person, the petitioner must publish ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 10-4 Powers and duties of administrator to collect . An administrator to collect has power to sue for and collect the personal estate and debts due the decedent or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 10-5 Termination of powers . On the issuance of letters testamentary or of administration or the satisfactory establishment of the survival and location of the missing person, the powers ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-1 Minor defined . A minor is a person who has not attained the age of 18 years. A person who has attained the age of 18 years is ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-3 Who may act as guardian . (a) A person is qualified to act as guardian of the person and as guardian of the estate if the court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-5 Appointment of guardian . (a) Upon the filing of a petition for the appointment of a guardian or on its own motion, the court may appoint a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-5.1 (Repealed) . (Source: Repealed by P.A. 88-529.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-5.2 (Repealed) . (Source: Repealed by P.A. 88-529.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-5.3 Appointment of standby guardian . (a) A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-5.4 Short-term guardian . (a) A parent, adoptive parent, or adjudicated parent whose parental rights have not been terminated, or the guardian of the person of a minor ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-6 Venue . If the minor is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-7 Parental right to custody . If both parents of a minor are living and are competent to transact their own business and are fit persons, they are entitled ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-7.1 Visitation rights . (a) Whenever both natural or adoptive parents of a minor are deceased, visitation rights shall be granted to the grandparents of the minor who ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-8 Petition for guardian of minor . (a) The petition for appointment of a guardian of the estate, or of both the person and estate, of a minor, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-8.1 Petition for standby guardian of minor . The petition for appointment of a standby guardian of the person or the estate, or both, of a minor must ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-9 Domestic Violence: Order of Protection . An order of protection, as defined in the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, may ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-10.1 Procedure for appointment of a standby guardian or a guardian of a minor . (a) Unless excused by the court for good cause shown, it is the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-11 Costs in certain cases . No costs may be taxed or charged by any public officer in any proceeding for the appointment of a guardian or for any ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-13 Duties of guardian of a minor . Before a guardian of a minor may act, the guardian shall be appointed by the court of the proper county ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-13.1 Duties of standby guardian of a minor . (a) Before a standby guardian of a minor may act, the standby guardian must be appointed by the court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-13.2 Duties of short-term guardian of a minor . (a) Immediately upon the effective date of the appointment of a short-term guardian, the short-term guardian shall assume all ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-13.3 Reliance on authority of guardian, standby guardian, short-term guardian . (a) Every health care provider and other person (reliant) has the right to rely on any decision ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-14.1 Revocation of letters . Upon the minor reaching the age of majority, the letters of office shall be revoked only as to that minor and the guardianship ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11-18 Successor guardian . Upon the death, incapacity, resignation or removal of a standby guardian or a guardian, the court may appoint a successor standby guardian or a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-1 Developmental disability defined . "Developmental disability" means a disability which is attributable to: (a) mental retardation, cerebral palsy, epilepsy or autism; or to (b) any other condition ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-2 "Disabled person" defined . "Disabled person" means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-3 Adjudication of disability; Power to appoint guardian . (a) Upon the filing of a petition by a reputable person or by the alleged disabled person himself or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-3.1 Appointment of standby guardian . (a) The guardian of a disabled person may designate in any writing, including a will, a person qualified to act under Section ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-3.2 Short-term guardian . (a) The guardian of a disabled person may appoint in writing, without court approval, a short-term guardian of the disabled person to take over ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-4 Temporary guardian . Prior to the appointment of a guardian under this Article, pending an appeal in relation to the appointment, or pending the completion of a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-5 Who may act as guardian . (a) A person is qualified to act as guardian of the person and as guardian of the estate of a disabled ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-6 Designation of Guardian . A person, while of sound mind and memory, may designate in writing a person, corporation or public agency qualified to act under Section ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-7 Venue . If the alleged ward is a resident of this State, the proceeding shall be instituted in the court of the county in which he resides. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-8 Petition . The petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged disabled ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-8.1 Petition for standby guardian of disabled person . The petition for appointment of a standby guardian of the person or the estate, or both, of a disabled ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-9 Report . (a) The petition for adjudication of disability and for appointment of a guardian should be accompanied by a report which contains (1) a description of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-10 Procedures preliminary to hearing . (a) Upon the filing of a petition pursuant to Section 11a-8, the court shall set a date and place for hearing to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-10.1 Domestic Violence: Order of Protection . An order of protection, as defined in the Illinois Domestic Violence Act of 1986, as amended, may be issued in conjunction ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-10.2 Procedure for appointment of a standby guardian or a guardian of a disabled person . In any proceeding for the appointment of a standby guardian or a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-11 Hearing . (a) The respondent is entitled to be represented by counsel, to demand a jury of 6 persons, to present evidence, and to confront and cross-examine ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-12 Order of appointment . (a) If basis for the appointment of a guardian as specified in Section 11a-3 is not found, the court shall dismiss the petition. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-13 Costs in certain cases . (a) No costs may be taxed or charged by any public officer in any proceeding for the appointment of a guardian ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-14 Legal disabilities of ward . (a) An order appointing a limited guardian of the person under this Article removes from the ward only that authority provided under ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-14.1 Residential placement . No guardian appointed under this Article, except for duly appointed Public Guardians and the Office of State Guardian, shall have the power, unless specified ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-15 Successor guardian . Upon the death, incapacity, resignation or removal of a guardian of the estate or person of a living ward, the court shall appoint a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-16 Testamentary guardian . A parent of a disabled person may designate by will a person, corporation or public agency qualified to act under Section 11a-5, to be ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-17 Duties of personal guardian . (a) To the extent ordered by the court and under the direction of the court, the guardian of the person shall have ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-18 Duties of the estate guardian . (a) To the extent specified in the order establishing the guardianship, the guardian of the estate shall have the care, management ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-18.1 Conditional gifts . (a) The court may authorize and direct the guardian of the estate to make conditional gifts from the estate of a disabled person to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-18.2 Duties of standby guardian of a disabled person . (a) Before a standby guardian of a disabled person may act, the standby guardian must be appointed by ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-18.3 Duties of short-term guardian of a disabled person . (a) Immediately upon the effective date of the appointment of a short-term guardian, the short-term guardian shall assume ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-19 Notice of right to seek modification . At the time of the appointment of a guardian the court shall inform the ward of his right under Section ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-20 Termination of adjudication of disability - Revocation of letters - modification . (a) Upon the filing of a petition by or on behalf of a disabled person or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-21 Hearing . (a) The court shall conduct a hearing on a petition filed under Section 11a-20. The ward is entitled to be represented by counsel, to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-22 Trade and contracts with a disabled person . (a) Anyone who by trading with, bartering, gaming or any other device, wrongfully possesses himself of any property of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 11a-23 Reliance on authority of guardian, standby guardian, short-term guardian . (a) For the purpose of this Section, "guardian", "standby guardian", and "short-term guardian" includes temporary, plenary, or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-1 Corporate representative - acceptance of office . The bonds provided for in this Act, except appeal bonds, are not required of corporations qualified to administer trusts in this ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-2 Individual representative; oath and bond . (a) Except as provided in subsection (b), before undertaking the representative's duties, every individual representative shall take and file an oath ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-3 Surety . Every bond provided for in this Article must have as security thereon not less than 2 sureties acceptable to the court or one surety company qualified ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-4 When security excused or specified . (a) Except as provided in paragraph (c) of Section 6-13 with respect to a nonresident executor, no security is required of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-5 Amount of bond . (a) The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-6 Waiver or reduction of bond of representative of ward in certain cases . (a) If the primary purpose for the appointment of a representative of a ward is ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-7 Deposit in lieu or reduction of bond . Upon petition of a representative and upon such notice as the court directs, the court may order the representative to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-8 Joint or several bonds . (a) The court may permit a representative of the estates or persons of more than one ward to include his obligations to some ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-9 Additional bond for proceeds of sale or mortgage . (a) Except as provided in subsection (d), at or before the entry of an order authorizing a representative to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-10 Further bond or security . (a) If letters are issued to a representative without his giving sufficient bond or security or if his bond or the security therefor ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-11 Counter security - release of surety . (a) If the court believes a representative to be insolvent or in doubtful circumstances, upon petition of the surety on his ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-12 Notice to representative of action on bond - answer . Unless the representative is before the court in person or by his attorney, he is entitled to such ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-13 New or additional bond . A new or additional bond, other than an additional bond for the sale or mortgage of real estate, must be signed, approved and ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-14 Bond on appeal . A bond of a representative on appeal from the order or judgment of any court must be in the form prescribed by law in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 12-15 Suit on bond . Suit on a bond executed under this Act may be prosecuted against one or more of the obligors named in the bond in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-1 Appointment and term of public administrator and public guardian . Except as provided in Section 13-1.1, before the first Monday of December, 1977 and every 4 years ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-1.1 Appointment and term of public guardian in counties having a population in excess of 1,000,000 . As soon as practicable after the effective date of this amendatory ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-2 Bond and oath . Before entering upon the performance of his duties, every public administrator and every public guardian shall take and file in the court an oath ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-3 Compensation of public administrator . (a) In counties having a population in excess of 1,000,000 the public administrator shall pay all the fees collected by the office ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-3.1 Compensation of public guardian . In counties having a population in excess of 1,000,000 the public guardian shall be paid an annual salary, to be set by ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-4 Powers and duties of public administrator . (a) When a person dies owning any real or personal estate in this State and there is no person in this ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 13-5 Powers and duties of public guardian . The court may appoint the public guardian as the guardian of any disabled adult who is in need of a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 14-1 Inventory . (a) Within 60 days after the issuance of his letters the representative of the estate of a decedent or ward shall file in the court a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 14-2 Appraisal . If the representative believes that it is necessary for the proper administration of the estate to determine the value of any goods and chattels, the representative ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 14-3 Inventories and appraisals as evidence . Inventories and appraisals and authenticated copies thereof may be given in evidence in any suit by or against the representative but are ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 15-1 Spouse's award . (a) The surviving spouse of a deceased resident of this State whose estate, whether testate or intestate, is administered in this State, shall be ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 15-2 Child's award . (a) If a minor or adult dependent child of the decedent does not reside with the surviving spouse of the decedent at the time ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 15-3 Allowance, notice and review of award . (a) The representative shall apply to the court to make the award when an award is allowable and is not waived ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 15-4 Selection . (a) The surviving spouse is entitled to receive the amount of the award in money or, at the election of the surviving spouse, to accept payment ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 16-1 Citation on behalf of estate . (a) Upon the filing of a petition therefor by the representative or by any other person interested in the estate or, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 16-2 Personal property claimed by third party . Upon the filing of a petition therefor by any person and upon such notice as the court may direct, the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 16-3 Trial by jury . Upon the demand of a party to a proceeding under Section 16-1 or 16-2, questions of title, claims of adverse title and the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-1 Filing of claims - mailing or delivery of copies) . (a) A claim against the estate of a decedent or ward, whether based on contract, tort, statutory ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-1.1 Statutory custodial claim . Any spouse, parent, brother, sister, or child of a disabled person who dedicates himself or herself to the care of the disabled person ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-2 Claim form . Every claim filed must be in writing and state sufficient information to notify the representative of the nature of the claim or other relief ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-3 Notice - Publication . (a) It is the duty of the representative to publish once each week for 3 successive weeks, and to mail or deliver to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-4 Claims not due . A claim against a decedent's estate that is not due may be filed and allowed and paid out of the estate as other ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-5 Pleadings . (a) The representative or any other person whose rights may be affected by the allowance of a claim or counterclaim may file pleadings with ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-6 Jury trial . Any interested person may demand a jury to try the issue in accordance with the following, otherwise he waives a jury: (a) A ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-7 Procedure on hearing of claims . (a) On the call of a claim it may be allowed, set for trial, continued or dismissed. A claim ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-8 Claim of representative or his attorney . If a representative or the representative's attorney has a claim against the estate, that person must file a claim as ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-9 Costs . If a claim for which a filing fee is required to be paid is filed, the clerk of the court shall collect the filing fee ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-10 Classification of claims against decedent's estate . All claims against the estate of a decedent are divided into classes in the manner following: 1st: Funeral and ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-11 Allowance and disallowance of claims by representative . (a) The representative may at any time pay or consent in writing to all or any part of any ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-12 Limitations on payment of claims . (a) Every claim against the estate of a decedent, except expenses of administration and surviving spouse's or child's award, is barred ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-13 Priority of payment . Except as provided in Section 19-6, the representative of a decedent's estate shall pay from the estate all claims entitled to be paid ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-14 Estate chargeable with legacies, expenses and claims . All the real and personal estate of the decedent and the income therefrom during the period of administration are ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 18-15 Payment of claims against wards' estates . Claims allowed against the estate of a ward shall be paid by the representative as he has funds therefor. ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-1 Lease, sale, mortgage or pledge of personal estate of decedent . (a) By leave of court, a representative may lease, sell, mortgage or pledge the personal ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-2 Lease, sale, mortgage or pledge of personal estate of ward . By leave of court a representative may lease, sell, mortgage or pledge any personal estate of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-3 Mortgage of agricultural commodities . By leave of court, a representative of an estate eligible therefor may obtain a loan and mortgage or pledge for a term ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-4 Petition to lease, sell, mortgage or pledge personal estate-notice . Before leasing, selling, mortgaging or pledging any personal estate the representative shall file a petition in the court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-5 Order of sale . (a) The court shall provide in its order of sale whether the sale shall be public or private. (b) A public ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-6 Operating business of decedent . (a) Except as otherwise directed by the decedent in his will or except as otherwise provided by law, a representative has ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-7 Operating business of ward . Upon receiving the approval of the court, a representative may operate any unincorporated business belonging to the ward or in which he ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-8 Compounding, compromising or exchanging personal estate . By leave of court without notice or upon such notice as the court directs, a representative may compound or compromise ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-9 Removal of property . The representative may not remove any personal estate of his decedent or ward beyond the limits of this State, without the order of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-10 Contracts of decedent . By order of court a contract made by a decedent may be performed by his representative. (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-11 Desperate personal estate of decedent . (a) Upon suggestion made in the final account or report or on petition of a representative stating that any personal estate of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-12 Nominee registration . Unless otherwise provided by the will, a representative or his agent, custodian or depositary may cause stocks, bonds and other personal property of the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-13 Decedent's account books . The books of account of a decedent are subject to the inspection of all persons interested therein. (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 19-14 Administrator or executor; legal proceeding; participation . If there is more than one administrator or executor of a decedent's estate and one of the administrators or executors ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-1 Administration and possession of decedent's real estate . (a) Except as otherwise provided by subsection (b) of this Section or by decedent's will, every representative shall ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-2 Leasing real estate . (a) A representative may lease the real estate of a decedent or ward upon such terms and for such length of time ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-3 Sale or mortgage of ward's real estate . By leave of court and upon such terms as the court directs, a representative of a ward may sell ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-4 Sale or mortgage of decedent's real estate . (a) By leave of court and upon such terms as the court directs, a representative of a decedent's ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-5 Procedure for sale or mortgage of real estate . (a) Before selling or mortgaging real estate, the representative shall file a petition in the court which issued ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-6 Power of court . In any proceeding to sell or mortgage real estate the court may: (a) investigate and determine all questions of conflicting and controverted ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-7 Place and terms of sale . (a) The court may designate the place and manner of holding the sale, whether private or public, and whether for cash ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-8 Appointment of appraisers . The court may appoint 1, 2 or 3 disinterested appraisers, who, after taking an oath fairly to appraise the property, shall go upon ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-9 Report of sale and approval . (a) It is the duty of the representative to present to the court authorizing the sale a verified report of the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-10 Deed or conveyance . (a) Within 30 days after the court approves report of sale, it is the duty of the representative to execute and deliver ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-11 Terms of mortgage . An order authorizing that a mortgage be made must designate the time of the maturity thereof, the amount of the indebtedness and the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-12 Accounting for proceeds of sale or mortgage . It is the duty of the representative to account for the proceeds of every sale or mortgage under this Article ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-13 Compelling lease, sale or mortgage of real estate . The court may make all necessary orders to compel the representative to perform such acts as may be ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-14 No strict foreclosure . No order of strict foreclosure may be made upon any mortgage executed or joined in under this Article, but redemption shall be allowed ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-15 Lease, sale or mortgage of real estate under power in will or under subsection (i) of Section 28-8 . The provisions of this Article for the lease, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-16 Completion of decedent's contract to purchase real estate . (a) When a decedent has contracted to purchase real estate and the payment therefor has not been completed, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-17 Completion of contract to convey or lease real estate . Upon petition of a representative of a decedent's or ward's estate or other interested person, the court, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-18 Effect of proceedings . All deeds or conveyances executed by a representative to the purchaser under this Act convey to and vest in the purchaser all the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-19 No exoneration of encumbered interests in real estate . Except as otherwise expressly provided by decedent's will: (a) When any real estate or leasehold estate ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-20 Leasing for oil, gas, coal and other mineral developments . (a) A representative may lease for oil, gas, coal or other mineral development, the real estate ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-21 Joining with spouse of ward in sale or mortgage . By leave of the court and upon such terms as the court directs, a representative of a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-22 Assent to sale free of ward's interest . When any court in this State is about to order the sale of real estate in which a ward ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-23 Representative may be authorized to pay taxes . When it appears to the court that it is for the interest of any estate being administered in that ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 20-24 Notice of probate - Recorder's filing . (a) If a decedent's estate in supervised or independent administration includes an interest in real estate that is not sold ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1 Investments - decedent's estate . In addition to any investments which a decedent may authorize his executor to make by the terms of his will, the representative ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.01 Direct obligations of the United States or any instrumentality or agency thereof or obligations fully guaranteed by the United States, or any instrumentality or agency thereof, if the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.02 Obligations of a local public agency (as defined in Section 110(h) of the federal Housing Act of 1949) or of a public housing agency (as defined in the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.03 Savings accounts or certificates of deposit of a state bank or a national bank doing business in Illinois to the extent that the deposits are insured by the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.04 Withdrawable capital accounts, deposits, investment certificates or certificates of deposit of a state savings and loan association or a federal savings and loan association doing business in this ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.05 Interests in one or more common trust funds, as defined in and from time to time established, maintained and administered pursuant to the Common Trust Fund Act, the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.05a Interests in any open-end registered investment company registered under the federal Investment Company Act of 1940, provided that the portfolio of any such company is limited to securities ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.06 Any other investments authorized by a court of competent jurisdiction or which from time to time have been or may be expressly declared by the General Assembly to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-1.07 Interests in any open-end or closed-end management type investment company or investment trust (hereafter referred to as a "mutual fund") registered under the Investment Company Act of 1940, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2 Investments; ward's estate . (a) It is the duty of the representative to invest the ward's money. A representative is chargeable with interest at a rate ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.01 Obligations of the United States . (Source: P.A. 84-494.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.02 Obligations of which both the principal and interest are guaranteed unconditionally by the United States . (Source: P.A. 84-494.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.03 Obligations of any corporation wholly owned, directly or indirectly, by the United States or any agency or instrumentality of the United States . (Source: P.A. 84-494.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.04 Insured accounts, deposits, and certificates . Withdrawable capital accounts, deposits, investment certificates or certificates of deposit of state and federal savings and loan associations but, unless ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.05 Municipal bonds . Instruments providing for the payment of money executed by or on behalf of any state of the United States or the District of Columbia ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.06 Savings and time deposit certificates of a state bank or a national bank doing business in this State but, unless otherwise authorized by a court of competent jurisdiction, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.07 Notes secured by real estate . All of the notes secured by a first mortgage or trust deed upon improved or income producing real estate situated in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.08 Corporate obligations . Obligations of any company incorporated under the laws of the United States or of any state of the United States or the District of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.09 (Repealed) . (Source: P.A. 79-328. Repealed by P.A. 90-796, eff. 12-15-98.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.10 Real estate located in any state of the United States or the District of Columbia . (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.11 Life, endowment, or annuity policies . Life, endowment, or annuity policies on the life of the ward, or on the life of any person in whose life ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.12 Stock . Shares of any corporation with a market capitalization of over $200,000,000 if the shares are listed and registered on an exchange registered with the Securities ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.13 Common trust funds . Interests in one or more common trust funds, as defined in and from time to time established, maintained and administered pursuant to the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.13a (Repealed) . (Source: P.A. 85-639. Repealed by P.A. 90-796, eff. 12-15-98.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.14 Mutual funds . Interests in any open-end management type investment company or investment trust (hereafter referred to as a "mutual fund") registered under the Investment Company Act ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.14a Illinois prepaid tuition contract . An Illinois prepaid tuition contract, as defined under the Illinois Prepaid Tuition Act. (Source: P.A. 91-867, eff. 6-22-00.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 21-2.15 Any other investments which from time to time have been or may be expressly declared by the General Assembly to be legal investments for representatives of wards' estates ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 22-1 Power to collect and remove personal estate . A representative to whom letters are issued on the estate of a nonresident decedent or ward by a court of ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 22-2 Transfer of estate of nonresident ward to nonresident representative when letters issued in this State . If it appears to the court of this State which has ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 22-3 Right to sue . If no letters are issued in this State upon the estate of a nonresident decedent or ward, a representative to whom letters are ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 22-4 Lease, sale or mortgage of real or personal estate . (a) If no letters are issued in this State upon the estate of a decedent who ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 22-5 Letters issued in this State . If after any proceedings are commenced by a nonresident representative under Section 22-3 or 22-4, letters are issued on the estate ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 22-6 Deed by foreign executor under will . A deed executed under the power vested in a representative to whom letters of office were issued by any court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-1 Resignation . Upon petition of a representative, the court may permit him to resign. The petition may be heard without notice or after giving notice to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-2 Removal . (a) On petition of any interested person or on the court's own motion, the court may remove a representative if: (1) the representative is ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-3 Procedure on removal . (a) Before removing a representative for any of the causes set forth in Section 23-2, the court shall order a citation to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-4 Transfer to another county in the State . If it appears to the court in which a ward's estate is being administered that the interests of the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-5 Letters revoked when will is produced . If the will of a decedent is admitted to probate after letters of administration have been issued on his estate, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-6 Letters revoked when will is set aside . If a will which has been admitted to probate is set aside after letters of office are issued thereon, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 23-8 Acts done before revocation of letters are valid . If the letters of a representative are revoked, all acts done by him according to law before the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-1 Duty to account . (a) Except as provided in subsection (b), within 60 days after the expiration of 12 months after the issuance of letters or within ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-2 Notice of accounting - effect . Notice of the hearing on any account of a representative of a decedent's estate shall be given as the court directs ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-3 Order of distribution, abatement and contribution on settlement of estate . (a) The court may enforce the settlement of estates. On every settlement the court ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-4 Distribution before the expiration of the period when claims are barred . (a) If it appears that there are sufficient assets to pay all claims against ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-5 Distribution on presumption of death - deposit in court or in depositaries . (a) Before distribution is made to a distributee of the estate of a person ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-6 Filing of bond . After approval by the court, the bonds provided for in Section 24-4 or 24-5 of this Act must be filed with the clerk ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-7 When estate does not exceed surviving spouse's award . If it appears to the court that the value of the real and personal estate of a decedent after ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-8 Accounting to distributee . If a representative has taken possession of all or a part of the estate of the decedent and refuses or fails to pay ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-9 Reopening estate . If a decedent's estate has been closed and the representative discharged, it may be reopened to permit the administration of a newly discovered asset ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-10 Interest on property withheld by representative of decedent's estate . At the expiration of a period of 2 years after the issuance of letters of office in ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-11 Duty to account - ward's estate . (a) The representative of a ward's estate shall present a verified account of his administration to the court which issued ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-12 Termination of office of a representative of a ward . The office of a representative of a ward terminates when the ward if a minor attains his majority, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-13 Accounting for a deceased representative or a representative under legal disability . If a representative dies or is adjudged to be under legal disability or is adjudged ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-14 Accounting by surety on bond of representative . If the letters issued to a representative are revoked and he fails or refuses to file an account within ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-15 Stating an account . The court may state an account on behalf of a representative who dies or is adjudged to be a person under legal disability ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-16 Citation - attachment . (a) If the representative fails or refuses to make settlement within 30 days after the expiration of the time provided by this ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-17 Devastavit . The failure or refusal of a representative to pay any money or deliver any property to the person entitled thereto in pursuance of the lawful ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-18 Liability for mismanagement . A representative and the surety on his bond are liable to a successor representative, to a co-representative or to any person aggrieved thereby ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-19 Administration of deceased ward's estate . (a) Without order of appointment and until the issuance of letters testamentary or of administration or until sooner discharged by the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-20 Deposit of unclaimed money . When the receipt of a ward, a distributee of an estate, or a claimant cannot be obtained for money or any other ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-21 Deposit or investment of money of a ward, subject to court order . (a) If the estate of a ward consists only of money, on the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 24-22 Interest of administrator of veterans affairs . The interest of the Administrator of Veterans Affairs in the estate of a ward shall be limited to that part ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 25-1 Payment or delivery of small estate of decedent upon affidavit . (a) When any person or corporation (1) indebted to or holding personal estate of a decedent, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 25-2 When appointment of representative of ward unnecessary . Upon receiving an affidavit that the personal estate of a ward does not exceed $10,000 in value, that no representative ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 25-3 Recovery upon refusal to pay or deliver . If a person or corporation to whom an affidavit under Section 25-1 or Section 25-2 is delivered refuses to ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 25-4 Sale of small real estate interest of ward . If the interest of a ward in any parcel of real estate does not exceed $2,500 in value ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 26-1 Appeals . Appeals may be taken as in other civil cases. (Source: P.A. 80-808.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 26-2 Effect of appeal from order . An appeal from an order (a) appointing an administrator to collect or a temporary guardian, (b) removing a representative for ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-1 Fees of representative . A representative is entitled to reasonable compensation for his services, but no fees, charges or other compensation may be allowed a public administrator ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-2 Attorney's fees . The attorney for a representative is entitled to reasonable compensation for his services. (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-3 Duties of a guardian ad litem . A guardian ad litem appointed under this Act shall file an answer, appear and defend on behalf of the ward ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-4 Compensation of a guardian ad litem or special administrator . A guardian ad litem or special administrator is entitled to such reasonable compensation as may be fixed by ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-5 Selection of guardian ad litem or special administrator . The person appointed as guardian ad litem or special administrator under this Act may not be selected upon ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-6 Actions which survive . In addition to the actions which survive by the common law, the following also survive: actions of replevin, actions to recover damages ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-7 Joint tax returns . Unless otherwise directed by the decedent in his will, a representative may join with the spouse of the decedent or of the ward ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-8 Publication of notice in county in which no newspaper is published . When a notice is required by this Act to be published in a newspaper in a ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 27-9 Publication of notice by clerk . When the clerk of the court is required by this Act to publish a notice in a newspaper, the representative or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-1 Purpose and scope of Article . This Article permits an executor or administrator to administer the estate without court order or filings, except to the extent that ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-2 Order for independent administration - notice of appointment of independent administrator . (a) Unless the will, if any, expressly forbids independent administration or supervised administration is ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-3 Protection of persons under disability during independent administration . (a) A personal fiduciary acting pursuant to this Article has full power and the responsibility to protect the ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-4 Termination of independent administration status . (a) Upon petition by any interested person, mailed or delivered to the clerk of the court, the court shall enter an order ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-5 Court proceedings during independent administration . At any time or times during independent administration any interested person may petition the court for a hearing and order as ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-6 Service of inventory . (a) Not less than 30 days prior to filing of the verified report required by Section 28-11, an independent representative shall mail or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-7 Spouse and child awards . (a) When an award under Section 15-1 or 15-2 is allowable and is not waived or barred, an independent representative may pay ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-8 Administrative powers . An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-9 Protection of persons dealing with an independent representative . No person dealing with an independent representative is obliged to inquire as to the independent representative's powers under any ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-10 Distribution . (a) If it appears to the independent representative that there are sufficient assets to pay all claims, the independent representative may at any time or ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-11 Closing the estate . (a) An independent representative is accountable to all interested persons for his administration and distribution of the estate but need not present an ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 28-12 Notice . Notice or other information mailed to an interested person at his last address known to the sender shall be deemed given to the person for ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 30-1 Repeal . The "Probate Act", approved July 24, 1939, as amended, is repealed. (Source: P.A. 79-328.) ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 30-2 Savings clause . The provisions for repeal contained in this Act shall not in any way: (a) affect an offense committed, an act done, a penalty, ...
Illinois Probate Act of 1975 - 755 ILCS 5, Section 30-3 Effective date of Act . This Act shall take effect on January 1, 1976. (Source: P.A. 79-328.) ...
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Last modified: April 9, 2006 |