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91_SB0561enr
SB561 Enrolled LRB9103080DJcd
1 AN ACT to amend the Probate Act of 1975 by changing
2 Sections 13-3 and 13.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 3. The Probate Act of 1975 is amended by
6 changing Sections 13-3 and 13-4 as follows:
7 (755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
8 Sec. 13-3. Compensation of public administrator.
9 (a) In counties having a population in excess of
10 1,000,000 The public administrator shall pay all the fees
11 collected by the office into the county treasury. Each year,
12 the county board shall appropriate an amount to be paid to
13 the public administrator as compensation for the public
14 administrator's performance of his or her duties and such
15 compensation shall be paid at a minimum level of $20,000
16 annually. That amount shall be paid from the fees collected
17 by the office of the public administrator. The county board
18 in such counties shall fix the amount for the public
19 administrator's compensation and necessary clerk hire,
20 assistants, and office expense in the annual county budget
21 and appropriation ordinances, which shall be paid from the
22 county treasury. In such counties All fees of the office of
23 public administrator are subject to audit the same as are
24 fees of other county officers.
25 (b) On or before December 31 of each year, the public
26 administrator shall file with the clerk of the circuit court
27 in the county having jurisdiction, and with the Office of the
28 Comptroller of the State of Illinois, an annual report of all
29 moneys received and disbursed by the public administrator
30 under this Section. In counties having a population of
31 1,000,000 or less the public administrator may receive all
SB561 Enrolled -2- LRB9103080DJcd
1 the fees of his office and shall bear the expenses connected
2 with the operation of such office.
3 (Source: P.A. 89-135, eff. 7-14-95.)
4 (755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
5 Sec. 13-4. Powers and duties of public administrator.)
6 (a) When a person dies owning any real or personal estate in
7 this State and there is no person in this State having a
8 prior right to administer his estate, the public
9 administrator of the county of which the decedent was a
10 resident, or of the county in which his estate is situated,
11 if the decedent was a nonresident of this State, may take
12 such measures as he deems proper to protect and secure the
13 estate from waste, loss or embezzlement until letters of
14 office on the estate are issued to the person entitled
15 thereto or until a demand for the removal of the personal
16 estate from this State is made by a nonresident
17 representative pursuant to the authority granted by this Act.
18 When letters of office are issued to the public
19 administrator, he has the same powers and duties as other
20 representatives of decedents' estates appointed under this
21 Act until he is discharged or his authority is sooner
22 terminated by order of court. Whenever a public administrator
23 authorizes the sale of property by public auction, all bids
24 on the property must be sealed when submitted.
25 (b) In counties having a population in excess of
26 1,000,000 inhabitants, A public administrator shall deposit
27 his files of cases in which he receives a discharge with the
28 clerk of the court of the county in which he served or is
29 serving as such public administrator.
30 (Source: P.A. 80-808.)
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