(755 ILCS 5/22-4) (from Ch. 110 1/2, par. 22-4)
Sec. 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 at
the time of his death owned
real or personal estate or any interest therein within this State or upon the estate
of a ward who owns real or personal estate or any interest therein
within this State and if any person is appointed in any other state,
territory, country or the District of Columbia as representative
of the estate of the decedent or as guardian, conservator, committee or in
any like capacity for the ward, the person so appointed may file his
petition for leave to lease, sell or mortgage the real or personal estate
or the mining, oil or gas rights or other interest therein for any of the purposes
for which a representative appointed in this State may lease, sell
or mortgage under this Act or for such other purposes as the court which
appointed such person
may direct. A petition under this Section must be filed in the court of the county
in which the personal estate, or the greater part thereof, or the real estate,
or the greater part thereof, as the case may
be, may be located.
(b) The nonresident representative must file with the petition: (1)
a copy of his letters authenticated within 60 days before the date of presentation, (2)
an authenticated copy of the order of the court which issued letters to
him authorizing him to
apply to a court in this State for leave to lease, sell or mortgage the property,
(3) an authenticated copy of any bond required by the court which issued letters to him
and (4) an authenticated copy of the order of the court
which issued letters to him approving any bond required to be filed.
(c) The practice and procedure in the proceedings
commenced by a nonresident representative
are the same, as near as may be, as the practice and procedure in similar
proceedings brought
by resident representatives.
(Source: P.A. 79-328.)
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