Public Act 93-0277
SB1347 Enrolled LRB093 02140 WGH 02147 b
AN ACT concerning estate administration.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by
changing Section 9-8 as follows:
(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
Sec. 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
heirship of the decedent and admission of the will, if any,
to probate, if it appears to the court that:
(a) the gross value of the decedent's real and personal
estate subject to administration in this State as itemized in
the petition does not exceed $100,000 $50,000;
(b) there is no unpaid claim against the estate, or all
claimants known to the petitioner, with the amount known by
him to be due to each of them, are listed in the petition;
(c) no tax will be due to the United States or to this
State by reason of the death of the decedent or all such
taxes have been paid or provided for or are the obligation of
another fiduciary;
(d) no person is entitled to a surviving spouse's or
child's award under this Act, or a surviving spouse's or
child's award is allowable under this Act, and the name and
age of each person entitled to an award, with the minimum
award allowable under this Act to the surviving spouse or
child, or each of them, and the amount, if any, theretofore
paid to the spouse or child on such award, are listed in the
petition;
(e) all heirs and legatees of the decedent have
consented in writing to distribution of the estate on summary
administration (and if an heir or legatee is a minor or
disabled person, the consent may be given on his behalf by
his parent, spouse, adult child, person in loco parentis,
guardian or guardian ad litem);
(f) each distributee gives bond in the value of his
distributive share, conditioned to refund the due proportion
of any claim entitled to be paid from the estate distributed,
including the claim of any person having a prior right to
such distribution, together with expenses of recovery,
including reasonable attorneys' fees, with surety to be
approved by the court. If at any time after payment of a
distributive share it becomes necessary for all or any part
of the distributive share to be refunded for the payment of
any claim entitled to be paid from the estate distributed or
to provide for a distribution to any person having a prior
right thereto, upon petition of any interested person the
court shall order the distributee to refund that portion of
his distributive share which is necessary for such purposes.
If there is more than one distributee, the court shall
apportion among the distributees the amount to be refunded
according to the amount received by each of them, but
specific and general legacies need not be refunded unless the
residue is insufficient to satisfy the claims entitled to be
paid from the estate distributed. If a distributee refuses
to refund within 60 days after being ordered by the court to
do so and upon demand, the refusal is deemed a breach of the
bond and a civil action may be maintained by the claimant or
person having a prior right to a distribution against the
distributee and the surety or either of them for the amount
due together with the expenses of recovery, including
reasonable attorneys' fees. The order of the court is
evidence of the amount due;
(g) the petitioner has published a notice informing all
persons of the death of the decedent, of the filing of the
petition for distribution of the estate on summary
administration and of the date, time and place of the hearing
on the petition (the notice having been published once a week
for 3 successive weeks in a newspaper published in the county
where the petition has been filed, the first publication
having been made not less than 30 days prior to the hearing)
and has filed proof of publication with the clerk of the
court;
the court may determine the rights of claimants and other
persons interested in the estate, direct payment of claims
and distribution of the estate on summary administration and
excuse the issuance of letters of office or revoke the
letters which have been issued and discharge the
representative.
Any claimant may file his claim in the proceeding at or
before the hearing on the petition, but failure to do so does
not deprive the claimant of his right to enforce his claim in
any other manner provided by law.
A petition for distribution on summary administration may
be combined with or filed separately from a petition for
probate of a will or for administration of an estate.
(Source: P.A. 81-1453.)