(755 ILCS 5/28-4) (from Ch. 110 1/2, par. 28-4)
Sec. 28-4.
Termination of independent administration status.) (a) Upon
petition by any interested person, mailed or delivered to the clerk of the
court, the court shall enter an order terminating the independent administration
status of the estate, except:
(1) If the will, if any, directs independent administration,
independent administration status shall be terminated only if the court
finds there is good cause to require supervised administration.
(2) If the petitioner is a creditor or a legatee other than a
residuary legatee, independent administration status shall be terminated
only if the court finds that termination is necessary to protect the
petitioner's interest, and instead of terminating independent
administration status, the court may require such other action as it
deems adequate to protect the petitioner's interest. Upon termination
of independent administration, the representative must mail notice of the
termination to all interested persons whose names and post office addresses
are known to the representative and file proof of mailing with the clerk of the court.
(b) After entry of an order terminating independent administration
status, the representative shall be governed by all provisions of the
Act applicable to the estate in supervised administration, and the order
of termination shall direct the representative as to the time and manner
for the performance of any acts (such as the filing of an inventory or
account) which would have been required to be done earlier in supervised
administration.
(c) After entry of an order terminating independent administration
status, the independent representative may not exercise any power
pursuant to this Article and is liable for any damages caused by any
such exercise, but the validity of the independent representative's
actions pursuant to this Article after termination with respect to any
person other than beneficiaries and creditors of the estate will not be
affected by termination of independent administration unless such person
has actual knowledge of termination.
(Source: P.A. 81-1453.)
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