(755 ILCS 5/28-2)
(from Ch. 110 1/2, par. 28-2)
Order for independent administration - notice of
appointment of independent administrator.)
(a) Unless the will, if any,
expressly forbids independent administration or supervised
administration is required under subsection (b), the court shall grant
independent administration (1) when an order is entered appointing a
representative pursuant to a petition which does not request supervised
administration and which is filed under Section 6-2, 6-9, 6-20, 7-2,
8-2, 9-4 or 9-6 and (2) on petition by the representative at any time or
times during supervised administration and such notice to interested
persons as the court directs. Notwithstanding any contrary provision of
the preceding sentence, if there is an interested person who is a minor
or person with a disability, the court may require supervised administration (or
may grant independent administration on such conditions as its deems
adequate to protect the ward's interest) whenever the court finds that
(1) the interests of the ward are not adequately represented by a
personal fiduciary acting or designated to act pursuant to Section 28-3
or by another party having a substantially identical interest in the
estate and the ward is not represented by a guardian of his estate and
(2) supervised administration is necessary to protect the ward's
interests. When independent administration is granted, the independent
representative shall include with
each notice required to be mailed to heirs or legatees under Section 6-10
or Section 9-5 an explanation of the rights of
heirs and legatees
under this Article and the form of petition which may be used to terminate
independent administration under subsection 28-4(a). The form and substance
of the notice of rights and the petition to terminate shall be prescribed
by rule of the Supreme Court of this State. Each order granting independent
administration and the letters shall state that the
representative is appointed
as independent executor or independent administrator, as the case may be.
The independent representative shall file
proof of mailing with the clerk of the court.
(b) If an interested person objects to the grant of independent administration
under subsection (a), the court shall require supervised
(1) If the will, if any, directs independent
administration, supervised administration shall be required only if the court finds there is good cause to require supervised administration.
(2) If the objector is a creditor or a legatee other
than a residuary legatee, supervised administration shall be required only if the court finds it is necessary to protect the objector's interest, and instead of ordering supervised administration, the court may require such other action as it deems adequate to protect the objector's interest.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/28-3)
(from Ch. 110 1/2, par. 28-3)
Protection of persons under disability during independent
(a) A personal fiduciary acting pursuant to this Article
has full power and the responsibility to protect the interests of his ward
during independent administration and to do all acts necessary or appropriate
for that purpose which the ward might do if not under disability. Approval
of any act of the independent representative or of his final report by the
personal fiduciary, or failure of the personal fiduciary to object after
notice pursuant to this Article, binds the ward. Unless the ward is bound
under the preceding sentence, the independent representative is accountable
to the ward for damages incurred as a consequence of willful default by
the independent representative until the expiration of a period of 6 months
after the ward's disability is removed, and any action must be commenced
before the expiration of that period. Upon the entry of an order pursuant
to Section 28-4 terminating independent administration status, the personal
fiduciary's powers and responsibility for continuing to protect the ward's
interest terminate. The fact that a personal fiduciary is acting does not
limit the right of any person as next friend of the ward to inform the court
of any circumstances that may adversely affect the ward's interests in the estate.
(b) The following persons are entitled to act as personal fiduciary for
a ward in the order of preference indicated:
(1) The representative of the ward's estate acting in
Illinois or, if none, the representative of the ward's estate acting in any other jurisdiction.
(2) The person designated as personal fiduciary in
the decedent's will, if any.
(3) The person designated as personal fiduciary by
the independent representative in a petition for letters of office or other instrument filed with the clerk of the court.
No person may act as personal fiduciary who is a minor or person with a disability,
who has been convicted of a felony or whose interests conflict
with the ward's interests in the decedent's estate.
A personal fiduciary designated under subparagraph (3) above shall be a spouse,
descendant, parent, grandparent, brother, sister, uncle or aunt of the ward,
a guardian of the person of the ward or a party having an interest in the
estate substantially identical to that of the ward. The responsibility
of a personal fiduciary begins on delivery of his written acceptance of
the office to the independent representative. Any personal fiduciary may
refuse to act or may resign at any time by instrument delivered to the
independent representative. When a personal fiduciary has been appointed
and there is a change of personal fiduciary or a vacancy in that office,
the independent representative shall inform the court; and the court may
designate any suitable person as personal fiduciary when there is a vacancy
that has not been filled by the independent representative in accordance
with this Section 28-3.
(c) A personal fiduciary is entitled to such reasonable compensation for
his services as may be approved by the independent representative or, in
the absence of approval, as may be fixed by the court, to be paid out of
the estate as an expense of administration.
(d) A personal fiduciary is liable to the ward only for willful default
and not for errors in judgment.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/28-8)
(from Ch. 110 1/2, par. 28-8)
An independent representative
acting reasonably for the best interests of the estate has the powers
granted in the will and the following powers, all exercisable without
court order, except to the extent that the following powers are
inconsistent with the will:
(a) To lease, sell at public or private sale, for
cash or on credit, mortgage or pledge the personal estate of the decedent and to distribute in kind any personal estate the sale of which is not necessary;
(b) To borrow money with or without security;
(c) To mortgage or pledge agricultural commodities as
provided in Section 19-3;
(d) To continue the decedent's unincorporated
business without personal liability except for malfeasance or misfeasance for losses incurred; and obligations incurred or contracts entered into by the independent representative with respect to the business are entitled to priority of payment out of the assets of the business but, without approval of the court first obtained, do not involve the estate beyond those assets;
(e) To settle, compound or compromise any claim or
interest of the decedent in any property or exchange any such claim or interest for other claims or property; and to settle compound or compromise and pay all claims against the estate as provided in Sections 18-11 and 18-13, but claims of the independent representative or his attorney shall be subject to Section 18-8;
(f) To perform any contract of the decedent;
(g) To employ agents, accountants and counsel,
including legal and investment counsel; to delegate to them the performance of any act of administration, whether or not discretionary; and to pay them reasonable compensation;
(h) To hold stocks, bonds and other personal property
in the name of a nominee as provided in Section 19-12;
(i) To take possession, administer and grant
possession of the decedent's real estate, which term in this subsection includes oil, gas, coal and other mineral interests therein; to pay taxes on decedent's real estate whether or not in possession of the representative; to lease the decedent's real estate upon such terms and for such length of time as he deems advisable; to sell at public or private sale, for cash or on credit, or mortgage any real estate or interest therein to which the decedent had claim or title, but real estate specifically bequeathed shall not be leased, sold or mortgaged without the written consent of the legatee; and to confirm the title of any heir or legatee to real estate by recording and delivering to the heir or legatee an instrument releasing the estate's interest; and
(j) To retain property properly acquired, without
regard to its suitability for original purchase; and to invest money of the estate (1) in any one or more of the investments described in Section 21-1 or (2) if the independent representative determines that the estate is solvent and all interested persons other than creditors approve, in any investments authorized for trustees under the prudent investor rule stated in Article 9 of the Illinois Trust Code.
(Source: P.A. 101-48, eff. 1-1-20
(755 ILCS 5/28-10)
(from Ch. 110 1/2, par. 28-10)
(a) If it appears to the independent
representative that there are sufficient assets to pay all claims, the
independent representative may at any time or times distribute the estate
to the persons entitled thereto. As a condition of any distribution, the
independent representative may require the distributee to give him a
refunding bond in any amount the independent representative deems
reasonable, with surety approved by the independent representative or
without surety. If the distribution is made before the expiration of the
period when claims are barred under Section 18-12, the independent
representative must require the distributee to give him a refunding bond as
provided in Section 24-4. If the estate includes an interest in real
estate that has not been sold by the independent representative, the
independent representative must record and deliver to the persons entitled
thereto an instrument which contains the legal description of the real estate
and releases the estate's interest.
(b) If abatement or equalization of legacies pursuant to subsection 24-3(b)
or (c) is required, the independent representative shall determine the amount
of the respective contributions, the manner in which they are paid and whether
security is required.
(c) If it appears to the independent representative that the value of
the estate of the decedent remaining after payment of 1st class claims does
not exceed the amount of the surviving spouse's and child's awards due,
the independent representative may deliver the personal estate to the persons
entitled to the awards and close the estate as provided in Section 28-11,
without waiting until the expiration of the period when claims are barred
under Section 18-12.
(d) If property distributed in kind, or a security interest therein, is
acquired in good faith by a purchaser or lender for value from a distributee
(or from the successors in interest to a distributee) who has received physical
delivery or an assignment, deed, release or other instrument of distribution
from an independent representative, the purchaser or lender takes title
free of the rights of all persons having an interest in the estate and incurs
no liability to the estate, whether or not the distribution was proper.
(e) If a distributee is a minor or a person with a disability, the independent
representative may make distribution to the ward's representative, if any,
to a custodian for the ward under the Illinois Uniform Transfers to Minors
Act or the corresponding statute of any other state in which the ward or the
custodian resides, by deposit or investment of the ward's property subject
to court order under Section 24-21 or in any other manner authorized by law.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/28-11)
(from Ch. 110 1/2, par. 28-11)
Closing the estate.
(a) An independent representative is
accountable to all interested persons for his administration and
distribution of the estate but need not present an account to the court
unless an interested person requests court accounting as in supervised
(b) An independent representative seeking
discharge shall mail or deliver to all interested persons an accounting and
shall file in the court a verified
report stating substantially as follows:
(1) In a testate estate, that notice has been given
to the extent required by Section 6-10.
(2) In an intestate estate, that notice has been
given to the extent required by Section 9-5.
(3) That the notice required by Section 18-3 has been
published, that reasonable care was used to determine the creditors of the decedent and that all known creditors have been given notice as required under Section 18-3.
(4) That copies of an inventory and an accounting
have been mailed or delivered to the extent required by Section 28-6 and this Section.
(5) That each claim filed has been allowed,
disallowed, compromised, dismissed or is barred and that all claims allowed have been paid in full, or, if the estate was not sufficient to pay all the claims in full, that the claims have been paid according to their respective priorities.
(6) That all death taxes have been determined and
paid or otherwise provided for or that the estate is not subject to death taxes.
(7) That all administration expenses and other
liabilities of the estate have been paid and that administration has been completed, or to the extent not completed has been provided for as specified in the report.
(8) That the remaining assets of the estate have been
distributed to the persons entitled thereto.
(9) That the fees paid or payable to the independent
representative and his attorney have been approved by all interested persons, except as otherwise indicated.
(10) The name and post office address, if known, of
each person entitled to notice of the filing of the report.
(c) Notice of the filing of the report shall be given to all
interested persons, except:
(1) Creditors whose written approvals of the report
are filed with the report or whose claims have been paid according to statutory priority or compromise agreed to by the creditor;
(2) Heirs and legatees whose signed receipts for
payment or distribution in full are filed with the report; but the receipt by each interested person whose share of the estate is affected by the amount of the fees paid or payable to the representative and his attorney shall also state that such fees are approved and the receipt by each interested person whose payment or distribution is affected by the size of the estate shall also state that an inventory has been received and an accounting has been approved; and
(3) Whenever a trustee of a trust is an interested
person, beneficiaries of the trust by reason of the beneficiaries' interest in the trust.
(d) If pursuant to subsections (c)(1),
(c)(2) and (c)(3) no person need be given notice, the court shall enter an
order discharging the independent representative and declaring the
(e) In all cases not covered by subsection (d), not more than 14
days after the filing of the report the independent representative
a copy of the report showing the date of its filing to each person who
is entitled to and has not waived notice thereof and shall notify each
such person that if no objection is filed within 42 days after the
report was filed, the independent representative will be discharged and
the estate closed. If the name or post office address of any person
entitled to notice is not stated in the report or if the estate was
opened on the presumption of death, the independent representative shall
publish a notice stating that the report was filed on the date stated and that
if no objection is filed within 42 days after the filing of the
the independent representative will be discharged and the estate closed.
The notice shall be published once a week for 3 successive weeks, the
first publication to be not more than 14 days after the filing of the
report. The notice shall be published in a newspaper published in the
county where the independent representative's letters of office were
issued. At any time after the expiration of a period of 42 days
the filing of the independent representative's report, the independent
representative may apply to the court for a discharge and, if no
objection is then pending in the court, the court shall enter an order
discharging the independent representative and declaring the estate
closed. If any objection is then pending, the court shall order that
notice be given to all interested persons and may order the independent
representative to present a verified account of his administration
within such time as the court directs. The independent representative
shall file proof of mailing and publication, if publication is required,
with the clerk of the court.
The changes made by this amendatory Act of 1995 apply to reports filed
on or after the effective date of this amendatory Act of 1995.
(f) In the absence of fraud, accident or mistake, an order
discharging the independent representative and declaring the estate
closed is binding on each person whose receipt or approval was filed
with the report and on each person to whom notice thereof was given in
compliance with subsection (e) except a ward for whom no personal
fiduciary is acting.
(Source: P.A. 89-364, eff. 8-18-95.)