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| [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB1132
SDS/910016/JDdo
1 AN ACT to amend the Probate Act by changing Sections 13-3
2 and 13-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act is amended by changing
6 Sections 13-3 and 13-4 as follows:
7 (755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
8 Sec. 13-3. Compensation of public administrator.
9 (a) In counties having a population in excess of
10 1,000,000 the public administrator shall pay all the fees
11 collected by the office into the county treasury. Each year,
12 the county board shall appropriate an amount to be paid to
13 the public administrator as compensation for the public
14 administrator's performance of his or her duties and such
15 compensation shall be paid at a minimum level of $20,000
16 annually. That amount shall be paid from the fees collected
17 by the office of the public administrator. The county board
18 in such counties shall fix the amount for the public
19 administrator's compensation and necessary clerk hire,
20 assistants, and office expense in the annual county budget
21 and appropriation ordinances, which shall be paid from the
22 county treasury. In such counties all fees of the office of
23 public administrator are subject to audit the same as are
24 fees of other county officers.
25 (b) In counties having a population of 1,000,000 or less
26 the public administrator may receive all the fees of his
27 office and shall bear the expenses connected with the
28 operation of such office. In no event shall the fees and
29 attorney's expenses charged to an estate by the public
30 administrator under this provision exceed 5 percent of the
31 gross value of said estate. Other reasonable and necessary
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1 expenses may be excepted from this limitation by the court
2 for good cause shown. An annual report of all funds received
3 and disbursed by the public administrator under this
4 provision shall be filed on or before December 31 of each
5 year with the clerk of the circuit court in the county with
6 jurisdiction, and with the Office of the Comptroller of the
7 State of Illinois.
8 (Source: P.A. 89-135, eff. 7-14-95.)
9 (755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
10 Sec. 13-4. Powers and duties of public administrator.)
11 (a) When a person dies owning any real or personal estate in
12 this State and there is no person in this State having a
13 prior right to administer his estate, the public
14 administrator of the county of which the decedent was a
15 resident, or of the county in which his estate is situated,
16 if the decedent was a nonresident of this State, may take
17 such measures as he deems proper to protect and secure the
18 estate from waste, loss or embezzlement until letters of
19 office on the estate are issued to the person entitled
20 thereto or until a demand for the removal of the personal
21 estate from this State is made by a nonresident
22 representative pursuant to the authority granted by this Act.
23 When letters of office are issued to the public
24 administrator, he has the same powers and duties as other
25 representatives of decedents' estates appointed under this
26 Act until he is discharged or his authority is sooner
27 terminated by order of court. Notwithstanding any provision
28 herein, all sales of property conducted hereunder shall be by
29 public sealed bid auction, with all timely submitted bids
30 being opened at the same time.
31 (b) In counties having a population in excess of
32 1,000,000 inhabitants, a public administrator shall deposit
33 his files of cases in which he receives a discharge with the
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1 clerk of the court of the county in which he served or is
2 serving as such public administrator.
3 (Source: P.A. 80-808.)