(755 ILCS 5/10-1) (from Ch. 110 1/2, par. 10-1)
Sec. 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 administration
to collect: (1) when any contingency happens which
is productive of delay in the issuance of letters of office
and it appears to the court that the estate of the decedent
is liable to waste, loss or embezzlement or (2) when a person
is missing from his usual place of residence and cannot
be located or while in military service is reported by the
federal government or an agency or department thereof as
missing or missing in action. In order to act as administrator
to collect one must be qualified to act as an administrator
under this Act.
(b) The selection of an administrator to collect for
the estate of a decedent is in the discretion of the
court, giving due consideration to the person named as executor
in the will or, if there is no will or if no executor is
named, to the preferences in Section 9-3. The selection of
an administrator to collect for the estate of a missing person
must be in accordance with the preferences in Section 9-3.
(Source: P.A. 79-328.)
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