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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)
Sec. 12-4. When security excused or specified.)
(a) Except as provided
in paragraph (c) of Section 6-13 with respect to a nonresident executor, no
security is required of a person who is excused by the will from giving
bond or security and no greater security than is specified by the will
is required, unless in either case the court, from its own knowledge or
the suggestion of any interested person, has cause to suspect the
representative of fraud or incompetence or believes that the estate of
the decedent will not be sufficient to discharge all the claims against
the estate, or in the case of a testamentary guardian of the estate,
that the rights of the ward will be prejudiced by failure to give security.
(b) If a person designates a guardian of his person or estate or
both to be appointed in the event he is adjudged a person with a disability
as provided in Section 11a-6 and excuses the guardian from giving
bond or security, or if the guardian is the Office of State Guardian, the
guardian's bond in the amount from time to time
required under this Article shall be in full force and effect without
writing, unless the court requires the filing of a written bond.
(c) The Office of State Guardian shall not be required to have sureties or
surety companies as security on its bonds. The oath and bond of the
representative without surety shall be sufficient.
(Source: P.A. 99-143, eff. 7-27-15.)
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