(755 ILCS 5/24-4) (from Ch. 110 1/2, par. 24-4)
Sec. 24-4.
Distribution before the expiration of the period when
claims are barred.) (a) If it appears that there are sufficient assets to pay
all claims against the estate of a decedent, the court may order the
representative to pay the distributive share to a distributee before
the expiration of the period when claims are barred under Section 18-12
if the distributee
gives bond payable to and for the indemnity of the representative in double
the value of the distributive share to be paid, with surety to be approved by the court,
conditioned to refund the due proportion of any claim entitled to be paid from the
estate distributed together with the expenses of recovery,
including reasonable attorneys' fees and additional expenses of administration.
(b) 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, upon petition of any interested person the court shall order
the distributee to refund that portion of his distributive
share which is necessary to pay the claim. 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 representative 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.
(Source: P.A. 84-395.)
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