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92_SB0310 LRB9206252RCcd 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.)