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90_HB1619eng
755 ILCS 5/1-11 from Ch. 110 1/2, par. 1-11
755 ILCS 5/9-1 from Ch. 110 1/2, par. 9-1
755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3
755 ILCS 5/11-3 from Ch. 110 1/2, par. 11-3
755 ILCS 5/11-5 from Ch. 110 1/2, par. 11-5
755 ILCS 5/11a-5 from Ch. 110 1/2, par. 11a-5
755 ILCS 5/23-2 from Ch. 110 1/2, par. 23-2
Amends the Probate Act of 1975. Provides that a person
who is a resident of the United States (instead of this
State) is qualified to act as administrator. Adds the
qualification that the court must find the person capable of
providing an active and suitable program of guardianship for
a minor in order to be a guardian. Removes the requirement
that the guardian be a resident of this State. Removes the
provision that provides that if the minor resides out of the
State, the court may appoint the guardian without nomination.
Provides that the court may remove a representative if the
representative (instead of executor) becomes a nonresident of
the United States. Removes the provision that allows the
court to remove a representative if the administrator,
administrator to collect, guardian of the estate, or
temporary guardian becomes a nonresident of this State.
Makes technical changes. Effective immediately.
LRB9003933NTsb
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1 AN ACT concerning probate, amend 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 a person who is not
21 qualified to act as administrator solely because of
22 non-residence in this State may nominate in accordance with
23 the order of preference set forth in this Section if he is a
24 resident of the United States. A person who has been removed
25 as representative under this Act loses his or her right to
26 name his or her successor.
27 When several persons are claiming and are equally
28 entitled to administer or to nominate an administrator, the
29 court may grant letters to one or more of them or to the
30 nominee of one or more of them.
31 (Source: P.A. 85-692.)
32 (755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
33 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 11-3. Who may act as guardian.) (a) A person who
2 has attained the age of 18 years, and is a resident of the
3 United States, is not of unsound mind, is not an adjudged
4 disabled person as defined in this Act, and has not been
5 convicted of a felony, and who the court finds is capable of
6 providing an active and suitable program of guardianship for
7 the minor is qualified to act as guardian of the person and,
8 if he is a resident of this State, as guardian of the estate.
9 One person may be appointed guardian of the person and
10 another person appointed guardian of the estate.
11 (b) The Department of Mental Health and Developmental
12 Disabilities or the Department of Children and Family
13 Services may with the approval of the court designate one of
14 its employees to serve without fees as guardian of the estate
15 of a minor patient in a State mental hospital or a resident
16 in a State institution when the value of the personal estate
17 does not exceed $1,000.
18 (Source: P.A. 85-692.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 11-3. Who may act as guardian.)
21 (a) A person who has attained the age of 18 years, and
22 is a resident of the United States, is not of unsound mind,
23 is not an adjudged disabled person as defined in this Act,
24 and has not been convicted of a felony, and who the court
25 finds is capable of providing an active and suitable program
26 of guardianship for the minor is qualified to act as guardian
27 of the person and, if he is a resident of this State, as
28 guardian of the estate. One person may be appointed guardian
29 of the person and another person appointed guardian of the
30 estate.
31 (b) The Department of Human Services or the Department
32 of Children and Family Services may with the approval of the
33 court designate one of its employees to serve without fees as
34 guardian of the estate of a minor patient in a State mental
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1 hospital or a resident in a State institution when the value
2 of the personal estate does not exceed $1,000.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
5 Sec. 11-5. Appointment of guardian.
6 (a) Upon the filing of a petition for the appointment of
7 a guardian or on its own motion, the court may appoint a
8 guardian of the person or estate, or both, of a minor as the
9 court finds to be in the best interest of the minor.
10 (a-1) A parent, adoptive parent or adjudicated parent,
11 whose parental rights have not been terminated, may designate
12 in any writing, including a will, a person qualified to act
13 under Section 11-3 to be appointed as guardian of the person
14 or estate, or both, of an unmarried minor or of a child
15 likely to be born. A parent, adoptive parent or adjudicated
16 parent, whose parental rights have not been terminated, or a
17 guardian or a standby guardian of an unmarried minor or of a
18 child likely to be born may designate in any writing,
19 including a will, a person qualified to act under Section
20 11-3 to be appointed as successor guardian of the minor's
21 person or estate, or both. The designation must be witnessed
22 by 2 or more credible witnesses at least 18 years of age,
23 neither of whom is the person designated as the guardian.
24 The designation may be proved by any competent evidence. If
25 the designation is executed and attested in the same manner
26 as a will, it shall have prima facie validity. The
27 designation of a guardian or successor guardian does not
28 affect the rights of the other parent in the minor.
29 (b) The court lacks jurisdiction to proceed on a
30 petition for the appointment of a guardian of a minor if (i)
31 the minor has a living parent, adoptive parent or adjudicated
32 parent, whose parental rights have not been terminated, whose
33 whereabouts are known, and who is willing and able to make
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1 and carry out day-to-day child care decisions concerning the
2 minor, unless the parent or parents consent to the
3 appointment or, after receiving notice of the hearing under
4 Section 11-10.1, fail to object to the appointment at the
5 hearing on the petition or (ii) there is a guardian for the
6 minor appointed by a court of competent jurisdiction. There
7 shall be a rebuttable presumption that a parent of a minor is
8 willing and able to make and carry out day-to-day child care
9 decisions concerning the minor, but the presumption may be
10 rebutted by a preponderance of the evidence.
11 (b-1) If the court finds the appointment of a guardian
12 of the minor to be in the best interest of the minor, and if
13 a standby guardian has previously been appointed for the
14 minor under Section 11-5.3, the court shall appoint the
15 standby guardian as the guardian of the person or estate, or
16 both, of the minor unless the court finds, upon good cause
17 shown, that the appointment would no longer be in the best
18 interest of the minor.
19 (c) If the minor is 14 years of age or more, the minor
20 may nominate the guardian of the minor's person and estate,
21 subject to approval of the court. If the minor's nominee is
22 not approved by the court, or if the minor resides out of the
23 State, or if, after notice to the minor, the minor fails to
24 nominate a guardian of the minor's person or estate, the
25 court may appoint the guardian without nomination.
26 (d) The court shall not appoint as guardian of the
27 person of the minor any person whom the court has determined
28 had caused or substantially contributed to the minor becoming
29 a neglected or abused minor as defined in the Juvenile Court
30 Act of 1987 unless 2 years have elapsed since the last proven
31 incident of abuse or neglect and the court determines that
32 appointment of such person as guardian is in the best
33 interests of the minor.
34 (e) Previous statements made by the minor relating to
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1 any allegations that the minor is an abused or neglected
2 child within the meaning of the Abused and Neglected Child
3 Reporting Act, or an abused or neglected minor within the
4 meaning of the Juvenile Court Act of 1987, shall be
5 admissible in evidence in a hearing concerning appointment of
6 a guardian of the person or estate of the minor. No such
7 statement, however, if uncorroborated and not subject to
8 cross-examination, shall be sufficient in itself to support a
9 finding of abuse or neglect.
10 (Source: P.A. 87-1081; 88-529.)
11 (755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
12 Sec. 11a-5. Who may act as guardian.) (a) A person who
13 has attained the age of 18 years, is a resident of the United
14 States, is not of unsound mind, is not an adjudged disabled
15 person as defined in this Act, and has not been convicted of
16 a felony, and who the court finds is capable of providing an
17 active and suitable program of guardianship for the disabled
18 person is qualified to act as guardian of the person and as,
19 if he is a resident of this State, guardian of the estate of
20 a disabled person.
21 (b) Any public agency, or not-for-profit corporation
22 found capable by the court of providing an active and
23 suitable program of guardianship for the disabled person,
24 taking into consideration the nature of such person's
25 disability and the nature of such organization's services,
26 may be appointed guardian of the person or of the estate, or
27 both, of the disabled person, or both. The court shall not
28 appoint as guardian an agency which is directly providing
29 residential services to the ward. One person or agency may
30 be appointed guardian of the person and another person or
31 agency appointed guardian of the estate.
32 (c) Any corporation qualified to accept and execute
33 trusts in this State may be appointed guardian of the estate
HB1619 Engrossed -7- LRB9003933NTsb
1 of a disabled person.
2 (Source: P.A. 85-692.)
3 (755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
4 Sec. 23-2. Removal.) (a) On petition of any interested
5 person or on the court's own motion, the court may remove a
6 representative for any of the following causes. If the
7 representative:
8 (1) is acting under letters secured by false pretenses;
9 (2) is adjudged a person subject to involuntary
10 admission under the Mental Health and Developmental
11 Disabilities Code or is adjudged a disabled person;
12 (3) is convicted of a felony;
13 (4) wastes or mismanages the estate;
14 (5) conducts himself or herself in such a manner as to
15 endanger any his co-representative or the surety on the
16 representative's his bond;
17 (6) fails to give sufficient bond or security, counter
18 security or a new bond, after being ordered by the court to
19 do so;
20 (7) fails to file an inventory or accounting after being
21 ordered by the court to do so;
22 (8) conceals himself or herself so that process cannot
23 be served upon the representative him or notice cannot be
24 given to the representative him;
25 (9) becomes incapable of or unsuitable for the discharge
26 of the representative's his duties; or
27 (10) there is other good cause.
28 (b) If the representative executor becomes a nonresident
29 of the United States or the administrator, administrator to
30 collect, guardian of the estate or temporary guardian becomes
31 a nonresident of this State, the court may remove the
32 representative him as such representative.
33 (Source: P.A. 81-795.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.