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90_HB0306enr
755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3
Amends the Letters of Administration Article of the
Probate Act of 1975. Makes various changes in the order of
preference for obtaining the issuance of letters of
administration. Effective immediately.
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1 AN ACT concerning probate, amending a named Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by
5 changing Sections 1-11, 9-1, 9-3, 11-3, 11-5, 11a-5, and 23-2
6 as follows:
7 (755 ILCS 5/1-11) (from Ch. 110 1/2, par. 1-11)
8 Sec. 1-11. Nonresident representative. If a
9 representative is or becomes a nonresident of this State, the
10 representative he shall file in the court in which the estate
11 is pending a designation of a resident agent to accept
12 service of process, notice or demand required or permitted by
13 law to be served upon the representative. If the
14 representative he fails to do so, the clerk of the court is
15 constituted as agent of the representative upon whom the
16 process, notice or demand may be served. If service is made
17 upon the clerk of the court, the clerk of the court he shall
18 mail a copy of the process, notice or demand to the
19 representative at the representative's his last known post
20 office address and to the representative's his attorney of
21 record.
22 (Source: P.A. 85-692.)
23 (755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
24 Sec. 9-1. Who may act as administrator.) A person who
25 has attained the age of 18 years, and is a resident of the
26 United States this State, is not of unsound mind, is not an
27 adjudged disabled person as defined in this Act and has not
28 been convicted of a felony, is qualified to act as
29 administrator.
30 (Source: P.A. 85-692.)
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1 (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
2 Sec. 9-3. Persons entitled to preference in obtaining
3 letters.) The following persons are entitled to preference in
4 the following order in obtaining the issuance of letters of
5 administration and of administration with the will annexed:
6 (a) The surviving spouse or any person nominated by the
7 surviving spouse him.
8 (b) The legatees or any person nominated by them, with
9 preference to legatees who are children.
10 (c) The children or any person nominated by them.
11 (d) The grandchildren or any person nominated by them.
12 (e) The parents or any person nominated by them.
13 (f) The brothers and sisters or any person nominated by
14 them.
15 (g) The nearest kindred or any person nominated by them.
16 (h) The representative of the estate of a deceased ward.
17 (i) The Public Administrator.
18 (j) A creditor of the estate.
19 Only a person qualified to act as administrator under
20 this Act may nominate, except that the guardian of the
21 estate, if any, otherwise the guardian of the person, of a
22 person who is not qualified to act as administrator solely
23 because of minority or legal disability non-residence in this
24 State may nominate on behalf of the minor or disabled person
25 in accordance with the order of preference set forth in this
26 Section if he is a resident of the United States. A person
27 who has been removed as representative under this Act loses
28 the his right to name a his successor.
29 When several persons are claiming and are equally
30 entitled to administer or to nominate an administrator, the
31 court may grant letters to one or more of them or to the
32 nominee of one or more of them.
33 (Source: P.A. 85-692.)
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1 (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 11-3. Who may act as guardian.) (a) A person who
4 has attained the age of 18 years, and is a resident of the
5 United States, is not of unsound mind, is not an adjudged
6 disabled person as defined in this Act, and has not been
7 convicted of a felony, and who the court finds is capable of
8 providing an active and suitable program of guardianship for
9 the minor is qualified to act as guardian of the person and,
10 if he is a resident of this State, as guardian of the estate.
11 One person may be appointed guardian of the person and
12 another person appointed guardian of the estate.
13 (b) The Department of Mental Health and Developmental
14 Disabilities or the Department of Children and Family
15 Services may with the approval of the court designate one of
16 its employees to serve without fees as guardian of the estate
17 of a minor patient in a State mental hospital or a resident
18 in a State institution when the value of the personal estate
19 does not exceed $1,000.
20 (Source: P.A. 85-692.)
21 (Text of Section after amendment by P.A. 89-507)
22 Sec. 11-3. Who may act as guardian.)
23 (a) A person who has attained the age of 18 years, and
24 is a resident of the United States, is not of unsound mind,
25 is not an adjudged disabled person as defined in this Act,
26 and has not been convicted of a felony, and who the court
27 finds is capable of providing an active and suitable program
28 of guardianship for the minor is qualified to act as guardian
29 of the person and, if he is a resident of this State, as
30 guardian of the estate. One person may be appointed guardian
31 of the person and another person appointed guardian of the
32 estate.
33 (b) The Department of Human Services or the Department
34 of Children and Family Services may with the approval of the
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1 court designate one of its employees to serve without fees as
2 guardian of the estate of a minor patient in a State mental
3 hospital or a resident in a State institution when the value
4 of the personal estate does not exceed $1,000.
5 (Source: P.A. 89-507, eff. 7-1-97.)
6 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
7 Sec. 11-5. Appointment of guardian.
8 (a) Upon the filing of a petition for the appointment of
9 a guardian or on its own motion, the court may appoint a
10 guardian of the person or estate, or both, of a minor as the
11 court finds to be in the best interest of the minor.
12 (a-1) A parent, adoptive parent or adjudicated parent,
13 whose parental rights have not been terminated, may designate
14 in any writing, including a will, a person qualified to act
15 under Section 11-3 to be appointed as guardian of the person
16 or estate, or both, of an unmarried minor or of a child
17 likely to be born. A parent, adoptive parent or adjudicated
18 parent, whose parental rights have not been terminated, or a
19 guardian or a standby guardian of an unmarried minor or of a
20 child likely to be born may designate in any writing,
21 including a will, a person qualified to act under Section
22 11-3 to be appointed as successor guardian of the minor's
23 person or estate, or both. The designation must be witnessed
24 by 2 or more credible witnesses at least 18 years of age,
25 neither of whom is the person designated as the guardian.
26 The designation may be proved by any competent evidence. If
27 the designation is executed and attested in the same manner
28 as a will, it shall have prima facie validity. The
29 designation of a guardian or successor guardian does not
30 affect the rights of the other parent in the minor.
31 (b) The court lacks jurisdiction to proceed on a
32 petition for the appointment of a guardian of a minor if (i)
33 the minor has a living parent, adoptive parent or adjudicated
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1 parent, whose parental rights have not been terminated, whose
2 whereabouts are known, and who is willing and able to make
3 and carry out day-to-day child care decisions concerning the
4 minor, unless the parent or parents consent to the
5 appointment or, after receiving notice of the hearing under
6 Section 11-10.1, fail to object to the appointment at the
7 hearing on the petition or (ii) there is a guardian for the
8 minor appointed by a court of competent jurisdiction. There
9 shall be a rebuttable presumption that a parent of a minor is
10 willing and able to make and carry out day-to-day child care
11 decisions concerning the minor, but the presumption may be
12 rebutted by a preponderance of the evidence.
13 (b-1) If the court finds the appointment of a guardian
14 of the minor to be in the best interest of the minor, and if
15 a standby guardian has previously been appointed for the
16 minor under Section 11-5.3, the court shall appoint the
17 standby guardian as the guardian of the person or estate, or
18 both, of the minor unless the court finds, upon good cause
19 shown, that the appointment would no longer be in the best
20 interest of the minor.
21 (c) If the minor is 14 years of age or more, the minor
22 may nominate the guardian of the minor's person and estate,
23 subject to approval of the court. If the minor's nominee is
24 not approved by the court, or if the minor resides out of the
25 State, or if, after notice to the minor, the minor fails to
26 nominate a guardian of the minor's person or estate, the
27 court may appoint the guardian without nomination.
28 (d) The court shall not appoint as guardian of the
29 person of the minor any person whom the court has determined
30 had caused or substantially contributed to the minor becoming
31 a neglected or abused minor as defined in the Juvenile Court
32 Act of 1987 unless 2 years have elapsed since the last proven
33 incident of abuse or neglect and the court determines that
34 appointment of such person as guardian is in the best
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1 interests of the minor.
2 (e) Previous statements made by the minor relating to
3 any allegations that the minor is an abused or neglected
4 child within the meaning of the Abused and Neglected Child
5 Reporting Act, or an abused or neglected minor within the
6 meaning of the Juvenile Court Act of 1987, shall be
7 admissible in evidence in a hearing concerning appointment of
8 a guardian of the person or estate of the minor. No such
9 statement, however, if uncorroborated and not subject to
10 cross-examination, shall be sufficient in itself to support a
11 finding of abuse or neglect.
12 (Source: P.A. 87-1081; 88-529.)
13 (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
14 Sec. 11a-5. Who may act as guardian.) (a) A person who
15 has attained the age of 18 years, is a resident of the United
16 States, is not of unsound mind, is not an adjudged disabled
17 person as defined in this Act, and has not been convicted of
18 a felony, and who the court finds is capable of providing an
19 active and suitable program of guardianship for the disabled
20 person is qualified to act as guardian of the person and as,
21 if he is a resident of this State, guardian of the estate of
22 a disabled person.
23 (b) Any public agency, or not-for-profit corporation
24 found capable by the court of providing an active and
25 suitable program of guardianship for the disabled person,
26 taking into consideration the nature of such person's
27 disability and the nature of such organization's services,
28 may be appointed guardian of the person or of the estate, or
29 both of the disabled person, or both. The court shall not
30 appoint as guardian an agency which is directly providing
31 residential services to the ward. One person or agency may
32 be appointed guardian of the person and another person or
33 agency appointed guardian of the estate.
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1 (c) Any corporation qualified to accept and execute
2 trusts in this State may be appointed guardian of the estate
3 of a disabled person.
4 (Source: P.A. 85-692.)
5 (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
6 Sec. 23-2. Removal.) (a) On petition of any interested
7 person or on the court's own motion, the court may remove a
8 representative for any of the following causes. If the
9 representative:
10 (1) is acting under letters secured by false pretenses;
11 (2) is adjudged a person subject to involuntary
12 admission under the Mental Health and Developmental
13 Disabilities Code or is adjudged a disabled person;
14 (3) is convicted of a felony;
15 (4) wastes or mismanages the estate;
16 (5) conducts himself or herself in such a manner as to
17 endanger any his co-representative or the surety on the
18 representative's his bond;
19 (6) fails to give sufficient bond or security, counter
20 security or a new bond, after being ordered by the court to
21 do so;
22 (7) fails to file an inventory or accounting after being
23 ordered by the court to do so;
24 (8) conceals himself or herself so that process cannot
25 be served upon the representative him or notice cannot be
26 given to the representative him;
27 (9) becomes incapable of or unsuitable for the discharge
28 of the representative's his duties; or
29 (10) there is other good cause.
30 (b) If the representative executor becomes a nonresident
31 of the United States or the administrator, administrator to
32 collect, guardian of the estate or temporary guardian becomes
33 a nonresident of this State, the court may remove the
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1 representative him as such representative.
2 (Source: P.A. 81-795.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.