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| [ Introduced ] | [ Senate Amendment 001 ] |
91_SB1132eng SB1132 Engrossed SDS/910016/JDdo 1 AN ACT to amend the Probate Act of 1975 by changing 2 Sections 13-3 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 of 1975 is amended by 6 changing 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 SB1132 Engrossed -2- SDS/910016/JDdo 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 SB1132 Engrossed -3- SDS/910016/JDdo 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.)