Article XXIII - Resignation And Removal Of Representative
(755 ILCS 5/Art. XXIII heading) ARTICLE XXIII RESIGNATION AND REMOVAL OF REPRESENTATIVE
(755 ILCS 5/23‑1) (from Ch. 110 1/2, par. 23‑1)
Sec. 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 such persons and in such manner as the court directs. If the petitioner is permitted to resign the court shall revoke his letters.
(Source: P.A. 79‑328.) |
(755 ILCS 5/23‑2) (from Ch. 110 1/2, par. 23‑2)
Sec. 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 acting under letters |
| secured by false pretenses; | |
(2) the representative is adjudged a person subject |
| to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a disabled person; | |
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the |
| |
(5) the representative conducts himself or herself |
| in such a manner as to endanger any co‑representative or the surety on the representative's bond; | |
(6) the representative fails to give sufficient bond |
| or security, counter security or a new bond, after being ordered by the court to do so; | |
(7) the representative fails to file an inventory or |
| accounting after being ordered by the court to do so; | |
(8) the representative conceals himself or herself |
| so that process cannot be served upon the representative or notice cannot be given to the representative; | |
(9) the representative becomes incapable of or |
| unsuitable for the discharge of the representative's duties; or | |
(10) there is other good cause.
(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.
(Source: P.A. 90‑430, eff. 8‑16‑97; 90‑472, eff. 8‑17‑97; 91‑357, eff. 7‑29‑99.) |
(755 ILCS 5/23‑3) (from Ch. 110 1/2, par. 23‑3)
Sec. 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 issue directing the respondent to show cause why he should not be removed for the cause stated in the citation. The citation must be served not less than 10 days before the return day designated in the citation and must be served and returned in the manner provided for summons in civil cases. The address recorded by the representative with the clerk of the court shall be considered the place where citations, notices or other process may be served upon him.
(b) If (1) the petitioner or his attorney files in the office of the clerk of the court an affidavit stating that the respondent resides or has gone out of this State, is concealed within this State, or on due inquiry cannot be found so that the citation cannot be served on him, and stating the last known post office address of the respondent or (2) the citation is issued on the court's own motion and is not served on the respondent, the clerk shall prepare a notice which must state the name of the decedent or ward, the number of the case, the name of the person to whom the notice is given, the alleged cause of removal and place of hearing and shall direct the respondent to appear and show cause why he should not be removed. Not less than 15 days before the return day designated in the notice, the clerk of the court shall send by registered mail one copy of the notice to the respondent at his last known post office address as stated in the affidavit if one is filed, one copy of the notice to the respondent at his last known post office address as shown by the last document filed in the court in which he stated his post office address and one copy of the notice to his attorney of record.
(c) The representative whose removal is sought may file a pleading to the petition or charges for removal on or before the return day designated in the citation or notice or within such further time as the court permits. If on the hearing the court finds that he should be removed for any cause listed in Section 23‑2, the court may remove him and revoke his letters.
(d) The court may assess the costs of the proceeding against a representative who is removed for any cause listed in Section 23‑2.
(Source: P.A. 79‑328.) |
(755 ILCS 5/23‑4) (from Ch. 110 1/2, par. 23‑4)
Sec. 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 ward are best served by the transfer of the administration of the ward's estate to another county in this State by reason of the residence of the ward or of the representative or of the location of the major portion of the ward's property in that county, the court may enter an order in the estate transferring the administration of the estate to the court of that county. Upon the filing of authenticated copies of the order of transfer and of all documents filed and all orders entered in the court from which the transfer is made and the qualifying by the representative in the court to which the transfer is made, that court shall enter the estate upon its docket, issue letters of office and direct the administration of the estate as if letters of office had originally issued from that court. Upon the filing of an authenticated copy of the letters in the court from which the transfer is made, the letters issued by that court shall be revoked. The representative shall file in the court to which the transfer is made authenticated copies of his final account and all orders in connection therewith entered in the court from which the transfer is made. Authenticated copies of documents and orders of the court from which the transfer is made have the same force and effect as if the documents were filed or the orders entered in the court to which the transfer is made.
(Source: P.A. 79‑328.) |
(755 ILCS 5/23‑5) (from Ch. 110 1/2, par. 23‑5)
Sec. 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, the letters of administration shall be revoked.
(Source: P.A. 79‑328.) |
(755 ILCS 5/23‑6) (from Ch. 110 1/2, par. 23‑6)
Sec. 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, the letters shall be revoked.
(Source: P.A. 79‑328.) |
(755 ILCS 5/23‑8) (from Ch. 110 1/2, par. 23‑8)
Sec. 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 revocation of his letters are valid.
(Source: P.A. 79‑328.) |