State of Illinois
92nd General Assembly

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 1        AN ACT in relation to probate.

 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 13-3 and 13-4 as follows:

 6        (755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
 7        Sec. 13-3. Compensation of public administrator.
 8        (a)  In  counties  having  a  population  in  excess   of
 9    1,000,000  the  public  administrator  shall pay all the fees
10    collected by the office into the county treasury. Each  year,
11    the  county  board  shall appropriate an amount to be paid to
12    the public  administrator  as  compensation  for  the  public
13    administrator's  performance  of  his  or her duties and such
14    compensation shall be paid at  a  minimum  level  of  $20,000
15    annually.   That amount shall be paid from the fees collected
16    by the office of the public administrator.  The county  board
17    in  such  counties  shall  fix  the  amount  for  the  public
18    administrator's   compensation   and  necessary  clerk  hire,
19    assistants, and office expense in the  annual  county  budget
20    and  appropriation  ordinances,  which shall be paid from the
21    county treasury. In such counties all fees of the  office  of
22    public  administrator  are  subject  to audit the same as are
23    fees of other county officers.
24        (b)  In counties having a population of 1,000,000 or less
25    the public administrator may receive  all  the  fees  of  his
26    office  and  shall  bear  the  expenses  connected  with  the
27    operation  of  such  office.   In no event shall the fees and
28    attorney's expenses  charged  to  an  estate  by  the  public
29    administrator  under  this  subsection  (b)  exceed 5% of the
30    gross value of  the  estate.   The  court  may  except  other
31    reasonable  and  necessary expenses from this limitation  for
                            -2-                LRB9206252RCcd
 1    good cause shown.  An annual report of all funds received and
 2    disbursed by the public administrator under  this  subsection
 3    (b) shall be filed on or before December 31 of each year with
 4    the   clerk   of   the  circuit  court  in  the  county  with
 5    jurisdiction, and with the Office of the Comptroller  of  the
 6    State of Illinois.
 7    (Source: P.A. 89-135, eff. 7-14-95.)

 8        (755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
 9        Sec.  13-4.  Powers  and duties of public administrator.)
10    (a) When a person dies owning any real or personal estate  in
11    this  State  and  there  is  no person in this State having a
12    prior  right   to   administer   his   estate,   the   public
13    administrator  of  the  county  of  which  the decedent was a
14    resident, or of the county in which his estate  is  situated,
15    if  the  decedent  was  a nonresident of this State, may take
16    such measures as he deems proper to protect  and  secure  the
17    estate  from  waste,  loss  or  embezzlement until letters of
18    office on the  estate  are  issued  to  the  person  entitled
19    thereto  or  until  a  demand for the removal of the personal
20    estate  from  this   State   is   made   by   a   nonresident
21    representative pursuant to the authority granted by this Act.
22    When   letters   of   office   are   issued   to  the  public
23    administrator, he has the same powers  and  duties  as  other
24    representatives  of  decedents'  estates appointed under this
25    Act until  he  is  discharged  or  his  authority  is  sooner
26    terminated  by order of court.  Notwithstanding any provision
27    in this Act, all sales of property conducted under  this  Act
28    shall  be  by  public  sealed  bid  auction,  with all timely
29    submitted bids being opened at the same time.
30        (b)  In  counties  having  a  population  in  excess   of
31    1,000,000  inhabitants,  a public administrator shall deposit
32    his files of cases in which he receives a discharge with  the
33    clerk  of  the  court  of the county in which he served or is
                            -3-                LRB9206252RCcd
 1    serving as such public administrator.
 2    (Source: P.A.  80-808.)

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