Public Act 90-0796 of the 90th General Assembly
Public Act 90-0796
HB2367 Re-Enrolled LRB9006820SMpkA
AN ACT concerning probate, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Clerks of Courts Act is amended by
changing Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in
all counties having a population of 180,000 inhabitants or
less shall be paid in advance, except as otherwise provided,
and shall be as follows:
(a) Civil Cases
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $50 as a fee
for the services of a jury. The jury fee shall be
paid by the defendant at the time of filing his or
her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case
shall be tried by the court without a jury.
(d) Other Civil Cases
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance
In civil cases.......... $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment
From a court, the same fee as if case
originally filed.
(t) Publications
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for administering the
collection and distribution of maintenance and
child support payments. Such sum shall be in
addition to and separate from amounts ordered to be
paid as maintenance or child support and shall be
deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to further maintenance and child support collection
efforts in his office. Unless paid in cash or
pursuant to an order for withholding, the payment
of the fee shall be by a separate instrument from
the support payment and shall be made to the order
of the Clerk. The Clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this
annual fee.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search
For searching a record, per year searched..... $4
(x) Printed Output
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons
For each alias summons issued................. $2
(z) Expungement of Records
For each expungement petition filed........... $15
(aa) Other Fees
Any fees not covered by this Section shall be set by
rule or administrative order of the Circuit Court, with
the approval of the Supreme Court.
(bb) Exemptions
No fee provided for herein shall be charged to any
unit of State or local government or school district
unless the Court orders another party to pay such fee on
its behalf. The fee requirements of this Section shall
not apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws and ordinances. The fee requirements of this Section
shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by
a private owner or tenant of real property within 1200
feet of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(cc) Adoptions
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(dd) Adoption exemptions
No fee other than that set forth in subsection (cc)
shall be charged to any person in connection with an
adoption proceeding.
(ee) Additional Services
Beginning July 1, 1993, the clerk of the circuit
court may provide such additional services for which
there is no fee specified by statute in connection with
the operation of the clerk's office as may be requested
by the public and agreed to by the public and by the
clerk. Any charges for additional services shall be as
agreed to between the clerk and the party making the
request. Nothing in this subsection shall be as agreed
to between the clerk and the party making the request.
Nothing in this subsection shall be construed to require
any clerk to provide any service not otherwise required
by law.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
90-466, eff. 8-17-97.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court
in all counties having a population in excess of 180,000 but
not more than 650,000 inhabitants in the instances described
in this Section shall be as provided in this Section. The
fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act
of 1987, $25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage
Act of 1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number. The
Clerk shall not charge any new or additional fee for the
reinstatement. Upon reinstatement the Clerk shall advise
the parties of the reinstatement. A party shall have the
same right to a jury trial on remand and reinstatement as
he or she had before the appeal, and no additional or new
fee or charge shall be made for a jury trial after
remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code and for filing
a transcript of commitment proceedings held in another
county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $180, as a fee
for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $90.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population in excess of
180,000 but not more than 650,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining on the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for administering the collection and
distribution of maintenance and child support payments.
This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to further maintenance and child supports in
his or her office. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district.
(3) The fee requirements of this Section shall not
apply to any action instituted under subsection (b) of
Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet
of a dangerous or unsafe building seeking an order
compelling the owner or owners of the building to take
any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
90-466, eff. 8-17-97.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court
in all counties having a population in excess of 650,000
inhabitants but less than 3,000,000 inhabitants in the
instances described in this Section shall be as provided in
this Section. In addition, the fees provided in this Section
shall apply to all units of local government and school
districts in counties with more than 3,000,000 inhabitants.
The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $150.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $10.
(B) When that amount exceeds $250 but does not
exceed $500, $20.
(C) When that amount exceeds $500 but does not
exceed $2500, $30.
(D) When that amount exceeds $2500 but does
not exceed $15,000, $75.
(E) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $40.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $50. When the amount exceeds $1500, but
does not exceed $15,000, $115. When the amount exceeds
$15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only; $20.
(B) When the amount in the case does not
exceed $1500, $20.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $10; when the amount exceeds $1,000 but does not
exceed $5,000, $20; and when the amount exceeds $5,000,
$30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$40.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture,
$20.
(h) Mailing.
When the clerk is required to mail, the fee will be
$6, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $4.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 20 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number.
The Clerk shall not charge any new or additional fee for
the reinstatement. Upon reinstatement the Clerk shall
advise the parties of the reinstatement. A party shall
have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury
trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $4 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, $25.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $180, as a fee
for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10;
for recording the same, 25¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30
for each expungement petition filed and an additional fee
of $2 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$100, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $25.
(2) For administration of the estate of a ward,
$50, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be $10.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$15.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$10; when the amount claimed is $500 or more but
less than $10,000, $25; when the amount claimed is
$10,000 or more, $40; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$40.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $10.
(F) For each jury demand, $90.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $10.
(H) For each certified copy of letters of
office, of court order or other certification, $1,
plus 50¢ per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $1, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his attorney
shall pay to the clerk all postage charges incurred by
the clerk in mailing petitions, orders, notices, or other
documents pursuant to the provisions of the Probate Act
of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations,
$20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders,
$20.
(H) Motions to vacate bond forfeiture orders,
$20.
(I) Motions to vacate ex parte judgments,
whenever filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $20.
(2) In counties having a population of more than
650,000 but fewer than 3,000,000 inhabitants, when the
violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from
each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$50 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 2.5% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for administering the collection and
distribution of maintenance and child support payments.
This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to further maintenance and child supports in
his or her office. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $15.
(dd) Exceptions.
The fee requirements of this Section shall not apply
to police departments or other law enforcement agencies.
In this Section, "law enforcement agency" means an agency
of the State or a unit of local government which is
vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances.
"Law enforcement agency" also means the Attorney General
or any state's attorney. The fee requirements of this
Section shall not apply to any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe
building seeking an order compelling the owner or owners
of the building to take any of the actions authorized
under that subsection.
(ee) Adoptions.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
90-466, eff. 8-17-97.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court
in all counties having a population of 3,000,000 or more
inhabitants in the instances described in this Section shall
be as provided in this Section. The fees shall be paid in
advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other
pleading initiating a civil action, with the following
exceptions, shall be $190.
(A) When the amount of money or damages or the
value of personal property claimed does not exceed
$250, $15.
(B) When that amount exceeds $250 but does not
exceed $1000, $40.
(C) When that amount exceeds $1000 but does
not exceed $2500, $50.
(D) When that amount exceeds $2500 but does
not exceed $5000, $100.
(E) When that amount exceeds $5000 but does
not exceed $15,000, $150.
(F) For the exercise of eminent domain, $150.
For each additional lot or tract of land or right or
interest therein subject to be condemned, the
damages in respect to which shall require separate
assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the
plaintiff seeks possession only or unites with his or her
claim for possession of the property a claim for rent or
damages or both in the amount of $15,000 or less, $75.
When the plaintiff unites his or her claim for possession
with a claim for rent or damages or both exceeding
$15,000, $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of
his or her answer or otherwise or joins another party as
a third party defendant, or both, the defendant shall pay
a fee for each counterclaim or third party action in an
amount equal to the fee he or she would have had to pay
had he or she brought a separate action for the relief
sought in the counterclaim or against the third party
defendant, less the amount of the appearance fee, if that
has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not
exceed $1500, $60. When the amount exceeds $1500, but
does not exceed $5000, $75. When the amount exceeds
$5000, but does not exceed $15,000, $175. When the amount
exceeds $15,000, $250.
(e) Appearance.
The fee for filing an appearance in each civil case
shall be $75, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $40.
(B) When the amount in the case does not
exceed $1500, $40.
(C) When that amount exceeds $1500 but does
not exceed $15,000, $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit,
and citation petition when the amount does not exceed
$1,000, $15; when the amount exceeds $1,000 but does not
exceed $5,000, $30; and when the amount exceeds $5,000,
$50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment
or order of court, except in forcible entry and detainer
cases and small claims cases or a petition to reopen an
estate, to modify, terminate, or enforce a judgment or
order for child or spousal support, or to modify,
suspend, or terminate an order for withholding, if filed
before 30 days after the entry of the judgment or order,
$50.
(2) Petition to vacate or modify any final judgment
or order of court, except a petition to modify,
terminate, or enforce a judgment or order for child or
spousal support or to modify, suspend, or terminate an
order for withholding, if filed later than 30 days after
the entry of the judgment or order, $75.
(3) Petition to vacate order of bond forfeiture,
$40.
(h) Mailing.
When the clerk is required to mail, the fee will be
$10, plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first,
except in small claims and forcible entry and detainer
cases, $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus,
$125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking
the acknowledgment of a deed or other instrument in
writing with the seal of office, $6.
(2) Court appeals when original documents are
forwarded, under 100 pages, plus delivery and costs, $75.
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery and costs, $150.
(4) Court appeals when original documents are
forwarded, over 200 pages, an additional fee of 25 cents
per page.
(5) For reproduction of any document contained in
the clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the
Supreme Court or the Appellate Court for a new trial, the
clerk shall file the remanding order and reinstate the
case with either its original number or a new number.
The Clerk shall not charge any new or additional fee for
the reinstatement. Upon reinstatement the Clerk shall
advise the parties of the reinstatement. A party shall
have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury
trial after remand.
(m) Record Search.
For each record search, within a division or
municipal district, the clerk shall be entitled to a
search fee of $6 for each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case
records are maintained on an automated medium, the clerk
shall be entitled to a fee of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single
plaintiff/defendant index inquiry or single case record
inquiry when this request is made in person and the
records are maintained in a current automated medium, and
when no hard copy print output is requested. The fees to
be charged for management records, multiple case records,
and multiple journal records may be specified by the
Chief Judge pursuant to the guidelines for access and
dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental
Health and Developmental Disabilities Code, $50.
(q) Alias Summons.
For each alias summons or citation issued by the
clerk, $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by
rule or administrative order of the Circuit Court with
the approval of the Administrative Office of the Illinois
Courts.
The clerk of the circuit court may provide
additional services for which there is no fee specified
by statute in connection with the operation of the
clerk's office as may be requested by the public and
agreed to by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services
shall be as agreed to between the clerk and the party
making the request and approved by the chief judge of the
circuit court. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition
to other fees allowed by law, the sum of $200, as a fee
for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every
other action wherein the right of trial by jury is or may
be given by law. The jury fee shall be paid by the party
demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be
called in the action or proceeding, and the same shall be
tried by the court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $20;
for recording the same, 50¢ for each 100 words.
Exceptions filed to claims presented to an assignee of a
debtor who has made a voluntary assignment for the
benefit of creditors shall be considered and treated, for
the purpose of taxing costs therein, as actions in which
the party or parties filing the exceptions shall be
considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and
those parties respectively shall pay to the clerk the
same fees as provided by this Section to be paid in other
actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $60
for each expungement petition filed and an additional fee
of $4 for each certified copy of an order to expunge
arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in
this subsection (v), which shall be paid in advance, except
that, for good cause shown, the court may suspend, reduce, or
release the costs payable under this subsection:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person,
$150, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$40.
(B) When (i) proof of heirship alone is made,
(ii) a domestic or foreign will is admitted to
probate without administration (including proof of
heirship), or (iii) letters of office are issued for
a particular purpose without administration of the
estate, the fee shall be $40.
(2) For administration of the estate of a ward,
$75, plus the fees specified in subsection (v)(3),
except:
(A) When the value of the real and personal
property does not exceed $15,000, the fee shall be
$40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the
estate or (ii) letters of office are issued in the
estate of a ward without administration of the
estate, including filing or joining in the filing of
a tax return or releasing a mortgage or consenting
to the marriage of the ward, the fee shall be $20.
(3) In addition to the fees payable under
subsection (v)(1) or (v)(2) of this Section, the
following fees are payable:
(A) For each account (other than one final
account) filed in the estate of a decedent, or ward,
$25.
(B) For filing a claim in an estate when the
amount claimed is $150 or more but less than $500,
$20; when the amount claimed is $500 or more but
less than $10,000, $40; when the amount claimed is
$10,000 or more, $60; provided that the court in
allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(C) For filing in an estate a claim, petition,
or supplemental proceeding based upon an action
seeking equitable relief including the construction
or contest of a will, enforcement of a contract to
make a will, and proceedings involving testamentary
trusts or the appointment of testamentary trustees,
$60.
(D) For filing in an estate (i) the appearance
of any person for the purpose of consent or (ii) the
appearance of an executor, administrator,
administrator to collect, guardian, guardian ad
litem, or special administrator, no fee.
(E) Except as provided in subsection
(v)(3)(D), for filing the appearance of any person
or persons, $30.
(F) For each jury demand, $125.
(G) For disposition of the collection of a
judgment or settlement of an action or claim for
wrongful death of a decedent or of any cause of
action of a ward, when there is no other
administration of the estate, $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except
that if the amount involved does not exceed $5,000,
the fee, including any amount paid under subsection
(v)(1)(B) or (v)(2)(B), shall be $20.
(H) For each certified copy of letters of
office, of court order or other certification, $2,
plus $1 per page in excess of 3 pages for the
document certified.
(I) For each exemplification, $2, plus the fee
for certification.
(4) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay the cost of publication by the clerk
directly to the newspaper.
(5) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fee shall pay the same directly to the
person entitled thereto.
(6) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all
criminal and quasi-criminal cases from each person
convicted or sentenced to supervision therein as follows:
(A) Felony complaints, $125.
(B) Misdemeanor complaints, $75.
(C) Business offense complaints, $75.
(D) Petty offense complaints, $75.
(E) Minor traffic or ordinance violations,
$30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders,
$40.
(H) Motions to vacate bond forfeiture orders,
$30.
(I) Motions to vacate ex parte judgments,
whenever filed, $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $25.
(K) Motions to vacate "failure to appear" or
"failure to comply" notices sent to the Secretary of
State, $40.
(2) In counties having a population of 3,000,000 or
more, when the violation complaint is issued by a
municipal police department, the clerk shall be entitled
to costs from each person convicted therein as follows:
(A) Minor traffic or ordinance violations,
$30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine
only, the clerk of the circuit court shall be entitled to
receive, unless the fee is excused upon a finding by the
court that the defendant is indigent, in addition to
other fees or costs allowed or imposed by law, the sum of
$100 as a fee for the services of a jury. The jury fee
shall be paid by the defendant at the time of filing his
or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be
tried by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the
clerk shall be entitled to the same fee as if it were the
commencement of a new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change
of venue, the clerk shall be entitled to the same fee as
if it were the commencement of a new suit.
(2) The fee for the preparation and certification
of a record on a change of venue to another jurisdiction,
when original documents are forwarded, $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or
more tax objections, regardless of the number of parcels
involved or the number of taxpayers joining in the
complaint, $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is
involved, $250.
(2) For each additional parcel, add a fee of $100.
(bb) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, a sum equal to 3.0% of the amount
collected and turned over.
(2) Interest earned on any funds held by the clerk
shall be turned over to the county general fund as an
earning of the office.
(3) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, $25.
(4) In child support and maintenance cases, the
clerk, if authorized by an ordinance of the county board,
may collect an annual fee of up to $36 from the person
making payment for administering the collection and
distribution of maintenance and child support payments.
This fee shall be in addition to and separate from
amounts ordered to be paid as maintenance or child
support and shall be deposited into a Separate
Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used
by the clerk to further maintenance and child supports in
his or her office. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Family Financial Responsibility
Law and these fees shall also be deposited into the
Separate Maintenance and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or
attorney computer identification number, if required by
rule of court, on any document filed in the clerk's
office, to be charged against the party that filed the
document, $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not
apply to police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means an agency of the State or a unit of local
government which is vested by law or ordinance with the
duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means
the Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any
unit of local government or school district. The fee
requirements of this Section shall not apply to any
action instituted under subsection (b) of Section 11-31-1
of the Illinois Municipal Code by a private owner or
tenant of real property within 1200 feet of a dangerous
or unsafe building seeking an order compelling the owner
or owners of the building to take any of the actions
authorized under that subsection.
(ee) Adoption.
(1) For an adoption.............................$65
(2) Upon good cause shown, the court may waive the
adoption filing fee in a special needs adoption. The
term "special needs adoption" shall have the meaning
ascribed to it by the Illinois Department of Children and
Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee)
shall be charged to any person in connection with an
adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96;
90-466, eff. 8-17-97.)
Section 5. The Probate Act of 1975 is amended by
changing Sections 1-2.23, 1-2.24, 11-5, 11-5.3, 11-5.4, 11-8,
11-8.1, 11-13.1, 11-14.1, 11a-8, 11a-17, 11a-18, 11a-23,
12-2, 21-2, 21-2.04, 21-2.05, 21-2.07, 21-2.08, 21-2.11,
21-2.12, and 21-2.13, and by adding Sections 11a-3.1,
11a-3.2, 11a-8.1, 11a-10.2, 11a-18.2, and 11a-18.3 as
follows:
(755 ILCS 5/1-2.23)
Sec. 1-2.23. "Standby guardian" means: (i) a guardian of
the person or estate, or both, of a minor, as appointed by
the court under Section 11-5.3, to become effective at a
later date under Section 11-13.1 or (ii) a guardian of the
person or estate, or both, of a disabled person, as appointed
by the court under Section 11a-3.1, to become effective at a
later date under Section 11a-18.2.
(Source: P.A. 88-202; 88-529.)
(755 ILCS 5/1-2.24)
Sec. 1-2.24. "Short-term guardian" means a guardian of
the person of a minor as appointed by a parent of the minor
under Section 11-5.4 or a guardian of the person of a
disabled person as appointed by the guardian of the disabled
person under Section 11a-3.2.
(Source: P.A. 88-529.)
(755 ILCS 5/11-5) (from Ch. 110 1/2, par. 11-5)
Sec. 11-5. Appointment of guardian.
(a) Upon the filing of a petition for the appointment of
a guardian or on its own motion, the court may appoint a
guardian of the estate or of both the person and estate, of a
minor, or may appoint a guardian of the person only of a
minor or minors, the person or estate, or both, of a minor as
the court finds to be in the best interest of the minor or
minors.
(a-1) A parent, adoptive parent or adjudicated parent,
whose parental rights have not been terminated, may designate
in any writing, including a will, a person qualified to act
under Section 11-3 to be appointed as guardian of the person
or estate, or both, of an unmarried minor or of a child
likely to be born. A parent, adoptive parent or adjudicated
parent, whose parental rights have not been terminated, or a
guardian or a standby guardian of an unmarried minor or of a
child likely to be born may designate in any writing,
including a will, a person qualified to act under Section
11-3 to be appointed as successor guardian of the minor's
person or estate, or both. The designation must be witnessed
by 2 or more credible witnesses at least 18 years of age,
neither of whom is the person designated as the guardian.
The designation may be proved by any competent evidence. If
the designation is executed and attested in the same manner
as a will, it shall have prima facie validity. The
designation of a guardian or successor guardian does not
affect the rights of the other parent in the minor.
(b) The court lacks jurisdiction to proceed on a
petition for the appointment of a guardian of a minor if (i)
the minor has a living parent, adoptive parent or adjudicated
parent, whose parental rights have not been terminated, whose
whereabouts are known, and who is willing and able to make
and carry out day-to-day child care decisions concerning the
minor, unless the parent or parents consent to the
appointment or, after receiving notice of the hearing under
Section 11-10.1, fail to object to the appointment at the
hearing on the petition or (ii) there is a guardian for the
minor appointed by a court of competent jurisdiction. There
shall be a rebuttable presumption that a parent of a minor is
willing and able to make and carry out day-to-day child care
decisions concerning the minor, but the presumption may be
rebutted by a preponderance of the evidence.
(b-1) If the court finds the appointment of a guardian
of the minor to be in the best interest of the minor, and if
a standby guardian has previously been appointed for the
minor under Section 11-5.3, the court shall appoint the
standby guardian as the guardian of the person or estate, or
both, of the minor unless the court finds, upon good cause
shown, that the appointment would no longer be in the best
interest of the minor.
(c) If the minor is 14 years of age or more, the minor
may nominate the guardian of the minor's person and estate,
subject to approval of the court. If the minor's nominee is
not approved by the court or if, after notice to the minor,
the minor fails to nominate a guardian of the minor's person
or estate, the court may appoint the guardian without
nomination.
(d) The court shall not appoint as guardian of the
person of the minor any person whom the court has determined
had caused or substantially contributed to the minor becoming
a neglected or abused minor as defined in the Juvenile Court
Act of 1987 unless 2 years have elapsed since the last proven
incident of abuse or neglect and the court determines that
appointment of such person as guardian is in the best
interests of the minor.
(e) Previous statements made by the minor relating to
any allegations that the minor is an abused or neglected
child within the meaning of the Abused and Neglected Child
Reporting Act, or an abused or neglected minor within the
meaning of the Juvenile Court Act of 1987, shall be
admissible in evidence in a hearing concerning appointment of
a guardian of the person or estate of the minor. No such
statement, however, if uncorroborated and not subject to
cross-examination, shall be sufficient in itself to support a
finding of abuse or neglect.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
(755 ILCS 5/11-5.3)
Sec. 11-5.3. Appointment of standby guardian.
(a) A parent, adoptive parent, or adjudicated parent,
whose parental rights have not been terminated, or the
guardian of the person of a minor may designate in any
writing, including a will, a person qualified to act under
Section 11-3 to be appointed as standby guardian of the
person or estate, or both, of an unmarried minor or of a
child likely to be born. A parent, adoptive parent, or
adjudicated parent, whose parental rights have not been
terminated, or the guardian of the person of a minor or a
standby guardian of an unmarried minor or of a child likely
to be born may designate in any writing, including a will, a
person qualified to act under Section 11-3 to be appointed as
successor standby guardian of the minor's person or estate,
or both. The designation must be witnessed by 2 or more
credible witnesses at least 18 years of age, neither of whom
is the person designated as the standby guardian. The
designation may be proved by any competent evidence. If the
designation is executed and attested in the same manner as a
will, it shall have prima facie validity. The designation of
a standby guardian or successor standby guardian does not
affect the rights of the other parent in the minor.
(b) Upon the filing of a petition for the appointment of
a standby guardian, the court may appoint a standby guardian
of the person or estate, or both, of a minor as the court
finds to be in the best interest of the minor.
(c) The court lacks jurisdiction to proceed on a
petition for the appointment of a standby guardian of a minor
if (i) the minor has a living parent, adoptive parent or
adjudicated parent, whose parental rights have not been
terminated, whose whereabouts are known, and who is willing
and able to make and carry out day-to-day child care
decisions concerning the minor, unless the parent or parents
consent to the appointment or, after receiving notice of the
hearing under Section 11-10.1, fail to object to the
appointment at the hearing on the petition or (ii) there is a
guardian for the minor appointed by a court of competent
jurisdiction. There shall be a rebuttable presumption that a
parent of a minor is willing and able to make and carry out
day-to-day child care decisions concerning the minor, but the
presumption may be rebutted by a preponderance of the
evidence.
(d) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the minor under Section
11-13.1.
(e) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed by
the court as the person who will act as guardian of the child
when the child's parents or the guardian of the person of the
child die or are no longer willing or able to make and carry
out day-to-day child care decisions concerning the child. By
properly completing this form, a parent or the guardian of
the person of the child is naming the person that the parent
or the guardian wants to be appointed as the standby guardian
of the child or children of the parent. Both parents of a
child may join together and co-sign this form. Signing the
form does not appoint the standby guardian; to be appointed,
a petition must be filed in and approved by the court.]
1. Parent (or guardian) and Children. I, (insert
name of designating parent or guardian), currently
residing at (insert address of designating parent or
guardian), am a parent (or the guardian of the person) of
the following child or children (or of a child likely to
be born): (insert name and date of birth of each child,
or insert the words "not yet born" to designate a standby
guardian for a child likely to be born and the child's
expected date of birth).
2. Standby Guardian. I hereby designate the
following person to be appointed as standby guardian for
the my child or children listed above (insert name and
address of person designated).
3. Successor Standby Guardian. If the person named
in item 2 above cannot or will not act as standby
guardian, I designate the following person to be
appointed as successor standby guardian for the my child
or children: (insert name and address of person
designated).
4. Date and Signature. This designation is made
this (insert day) day of (insert month and year).
Signed: (designating parent or guardian)
5. Witnesses. I saw the parent (or the guardian of
the person of the child) sign this designation or the
parent (or the guardian of the person of the child) told
me that (he or she) the parent signed this designation.
Then I signed the designation as a witness in the
presence of the parent (or the guardian). I am not
designated in this instrument to act as a standby
guardian for the parent's child or children. (insert
space for names, addresses, and signatures of 2
witnesses).
(Source: P.A. 88-529.)
(755 ILCS 5/11-5.4)
Sec. 11-5.4. Short-term guardian.
(a) A parent, adoptive parent, or adjudicated parent,
whose parental rights have not been terminated, or the
guardian of the person of a minor may appoint in writing,
without court approval, a short-term guardian of an unmarried
minor or a child likely to be born. The written instrument
appointing a short-term guardian shall be dated and shall
identify the appointing parent or guardian, the minor, and
the person appointed to be the short-term guardian. The
written instrument shall be signed by, or at the direction
of, the appointing parent in the presence of at least 2
credible witnesses at least 18 years of age, neither of whom
is the person appointed as the short-term guardian. The
person appointed as the short-term guardian shall also sign
the written instrument, but need not sign at the same time as
the appointing parent.
(b) A parent or guardian shall not appoint a short-term
guardian of a minor if (i) the minor has another living
parent, adoptive parent or adjudicated parent, whose parental
rights have not been terminated, whose whereabouts are known,
and who is willing and able to make and carry out day-to-day
child care decisions concerning the minor, unless the
nonappointing parent consents to the appointment by signing
the written instrument of appointment or (ii) there is a
guardian for the minor appointed by a court of competent
jurisdiction.
(c) The appointment of the short-term guardian is
effective immediately upon the date the written instrument is
executed, unless the written instrument provides for the
appointment to become effective upon a later specified date
or event. The short-term guardian shall have authority to
act as guardian of the minor as provided in Section 11-13.2
for a period of 60 days from the date the appointment is
effective, unless the written instrument provides for the
appointment to terminate upon an earlier specified date or
event. Only one written instrument appointing a short-term
guardian may be in force at any given time.
(d) Every appointment of a short-term guardian may be
amended or revoked by the appointing parent or by the
appointing guardian of the person of the minor at any time
and in any manner communicated to the short-term guardian or
to any other person. Any person other than the short-term
guardian to whom a revocation or amendment is communicated or
delivered shall make all reasonable efforts to inform the
short-term guardian of that fact as promptly as possible.
(e) The appointment of a short-term guardian or
successor short-term guardian does not affect the rights of
the other parent in the minor.
(f) The written instrument appointing a short-term
guardian may, but need not, be in the following form:
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a parent or the
guardian of the person of the child is appointing a guardian
of a child of the parent (or a minor ward of the guardian, as
the case may be) for a period of up to 60 days. A separate
form should be completed for each child. The person appointed
as the guardian must sign the form, but need not do so at the
same time as the parent or parents or guardian.
This form may not be used to appoint a guardian if there
is a guardian already appointed for the child, except that if
a guardian of the person of the child has been appointed,
that guardian may use this form to appoint a short-term
guardian. Both living parents of a child may together
appoint a guardian of the child, or the guardian of the
person of the child may appoint a guardian of the child, for
a period of up to 60 days through the use of this form. If
the short-term guardian is appointed by both living parents
of the child, the parents need not sign the form at the same
time.]
1. Parent (or guardian) and Child. I, (insert name
of appointing parent or guardian), currently residing at
(insert address of appointing parent or guardian), am a
parent (or the guardian of the person) of the following
child (or of a child likely to be born): (insert name
and date of birth of child, or insert the words "not yet
born" to appoint a short-term guardian for a child likely
to be born and the child's expected date of birth).
2. Guardian. I hereby appoint the following person
as the short-term guardian for the my child: (insert name
and address of appointed person).
3. Effective date. This appointment becomes
effective: (check one if you wish it to be applicable)
( ) On the date that I state in writing that I
am no longer either willing or able to make and
carry out day-to-day child care decisions concerning
the my child.
( ) On the date that a physician familiar with
my condition certifies in writing that I am no
longer willing or able to make and carry out
day-to-day child care decisions concerning the my
child.
( ) On the date that I am admitted as an
in-patient to a hospital or other health care
institution.
( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment is
effective immediately upon the date the form is signed and
dated below.]
4. Termination. This appointment shall terminate
60 days after the effective date, unless it terminates
sooner as determined by the event or date I have
indicated below: (check one if you wish it to be
applicable)
( ) On the date that I state in writing that I
am willing and able to make and carry out day-to-day
child care decisions concerning the my child.
( ) On the date that a physician familiar with
my condition certifies in writing that I am willing
and able to make and carry out day-to-day child care
decisions concerning the my child.
( ) On the date that I am discharged from the
hospital or other health care institution where I
was admitted as an in-patient, which established the
effective date.
( ) On the date which is (state a number of
days, but no more than 60 days) days after the
effective date.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment will
be effective for a period of 60 days, beginning on the
effective date.]
5. Date and signature of appointing parent or
guardian. This appointment is made this (insert day) day
of (insert month and year).
Signed: (appointing parent)
6. Witnesses. I saw the parent (or the guardian of
the person of the child) sign this instrument or I saw
the parent (or the guardian of the person of the child)
direct someone to sign this instrument for the parent (or
the guardian). Then I signed this instrument as a witness
in the presence of the parent (or the guardian). I am
not appointed in this instrument to act as the short-term
guardian for the parent's child. (Insert space for
names, addresses, and signatures of 2 witnesses)
7. Acceptance of short-term guardian. I accept
this appointment as short-term guardian on this (insert
day) day of (insert month and year).
Signed: (short-term guardian)
8. Consent of child's other parent. I, (insert
name of the child's other living parent), currently
residing at (insert address of child's other living
parent), hereby consent to this appointment on this
(insert day) day of (insert month and year).
Signed: (consenting parent)
[NOTE: The signature of a consenting parent is not necessary
if one of the following applies: (i) the child's other parent
has died; or (ii) the whereabouts of the child's other parent
are not known; or (iii) the child's other parent is not
willing or able to make and carry out day-to-day child care
decisions concerning the child; or (iv) the child's parents
were never married and no court has issued an order
establishing parentage.]
(Source: P.A. 88-529; 88-670, eff. 12-2-94.)
(755 ILCS 5/11-8) (from Ch. 110 1/2, par. 11-8)
Sec. 11-8. Petition for guardian of minor.
(a) The petition for appointment of a guardian of the
estate, or of both the person and estate, of a minor, or for
appointment of the guardian of the person only of a minor or
minors the person or estate, or both, of a minor must state,
if known:
(1) (a) The name, date of birth and residence of the
minor; (2) (b) the names and post office addresses of the
nearest relatives of the minor in the following order: (i)
(1) the spouse, if any; if none, (ii) (2) the parents and
adult brothers and sisters, if any; if none, (iii) (3) the
nearest adult kindred; (3) (c) the name and post office
address of the person having the custody of the minor; (4)
(d) the approximate value of the personal estate; (5) (e) the
amount of the anticipated gross annual income and other
receipts; (6) (f) the name, post office address and, in case
of an individual, the age and occupation of the proposed
guardian; (7) (g) the facts concerning the execution or
admission to probate of the written designation of the
guardian, if any, a copy of which shall be attached to or
filed with the petition; and (8) (h) the facts concerning any
juvenile, adoption, parentage, dissolution, or guardianship
court actions pending concerning the minor or the parents of
the minor and whether any guardian is currently acting for
the minor. In addition, if the petition seeks the appointment
of a previously appointed standby guardian as guardian of the
minor, the petition must also state: (9) (i) the facts
concerning the standby guardian's previous appointment and
(10) (j) the date of death of the minor's parent or parents
or the facts concerning the consent of the minor's parent or
parents to the appointment of the standby guardian as
guardian, or the willingness and ability of the minor's
parent or parents to make and carry out day-to-day child care
decisions concerning the minor.
(b) A single petition for appointment of only a guardian
of the person of a minor may include more than one minor.
The statements required in items (1) and (2) of subsection
(a) shall be listed separately for each minor.
(Source: P.A. 88-529.)
(755 ILCS 5/11-8.1)
Sec. 11-8.1. Petition for standby guardian of minor. The
petition for appointment of a standby guardian of the person
or the estate, or both, of a minor must state, if known: (a)
the name, date of birth, and residence of the minor; (b) the
names and post office addresses of the nearest relatives of
the minor in the following order: (1) the parents, if any; if
none, (2) the adult brothers and sisters, if any; if none,
(3) the nearest adult kindred; (c) the name and post office
address of the person having custody of the minor; (d) the
name, post office address, and, in case of any individual,
the age and occupation of the proposed standby guardian; (e)
the facts concerning the consent of the minor's parent or
parents or the guardian of the person of the minor to the
appointment of the standby guardian, or the willingness and
ability of the minor's parent or parents, if any, or the
guardian of the person of the minor to make and carry out
day-to-day child care decisions concerning the minor; (f) the
facts concerning the execution or admission to probate of the
written designation of the standby guardian, if any, a copy
of which shall be attached to or filed with the petition; and
(g) the facts concerning any juvenile, adoption, parentage,
dissolution, or guardianship court actions pending concerning
the minor or the parents of the minor and whether any
guardian is currently acting for the minor.
(Source: P.A. 88-529.)
(755 ILCS 5/11-13.1)
Sec. 11-13.1. Duties of standby guardian of a minor.
(a) Before a standby guardian of a minor may act, the
standby guardian must be appointed by the court of the proper
county and, in the case of a standby guardian of the minor's
estate, the standby guardian must give the bond prescribed in
subsection (d) of Section 11-5.3 and Section 12-2.
(b) The standby guardian shall not have any duties or
authority to act until the standby guardian receives
knowledge (i) of the death or consent of the minor's parent
or parents or of the guardian of the person of the minor, or
(ii) the inability of the minor's parent or parents or of the
guardian of the person of the minor to make and carry out
day-to-day child care decisions concerning the minor for whom
the standby guardian has been appointed. This inability of
the minor's parent or parents to make and carry out
day-to-day child care decisions may be communicated either by
the parent's or the guardian's own admission or by the
written certification of the parent's or guardian's attending
physician. Immediately upon receipt of that knowledge, the
standby guardian shall assume all duties as guardian of the
minor as previously determined by the order appointing the
standby guardian, and as set forth in Section 11-13, and the
standby guardian of the person shall have the authority to
act as guardian of the person without direction of court for
a period of up to 60 days, provided that the authority of the
standby guardian may be limited or terminated by a court of
competent jurisdiction.
(c) Within 60 days of the standby guardian's receipt of
knowledge of (i) the death or consent of the minor's parent
or parents or guardian, or (ii) the inability of the minor's
parent or parents or guardian to make and carry out
day-to-day child care decisions concerning the minor, the
standby guardian shall file or cause to be filed a petition
for the appointment of a guardian of the person or estate, or
both, of the minor under Section 11-5.
(Source: P.A. 88-529.)
(755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1)
Sec. 11-14.1. Revocation of letters. Upon the minor
reaching the age of majority, the letters of office shall be
revoked only as to that minor and the guardianship over that
minor shall be terminated. The letters of office and the
guardianship shall remain as to any other minors included in
the same letters of office or guardianship order.
(Source: P.A. 80-1415.)
(755 ILCS 5/11a-3.1 new)
Sec. 11a-3.1. Appointment of standby guardian.
(a) The guardian of a disabled person may designate in
any writing, including a will, a person qualified to act
under Section 11a-5 to be appointed as standby guardian of
the person or estate, or both, of the disabled person. The
guardian may designate in any writing, including a will, a
person qualified to act under Section 11a-5 to be appointed
as successor standby guardian of the disabled person's person
or estate, or both. The designation must be witnessed by 2 or
more credible witnesses at least 18 years of age, neither of
whom is the person designated as the standby guardian. The
designation may be proved by any competent evidence. If the
designation is executed and attested in the same manner as a
will, it shall have prima facie validity. Prior to
designating a proposed standby guardian, the guardian shall
consult with the disabled person to determine the disabled
person's preference as to the person who will serve as
standby guardian. The guardian shall give due consideration
to the preference of the disabled person in selecting a
standby guardian.
(b) Upon the filing of a petition for the appointment of
a standby guardian, the court may appoint a standby guardian
of the person or estate, or both, of the disabled person as
the court finds to be in the best interest of the disabled
person. The court shall apply the same standards used in
determining the suitability of a plenary or limited guardian
in determining the suitability of a standby guardian, giving
due consideration to the preference of the disabled person as
to a standby guardian. The court may not appoint the Office
of State Guardian, pursuant to Section 30 of the Guardianship
and Advocacy Act, or a public guardian, pursuant to Section
13-5 of this Act, as a standby guardian, without the written
consent of the State Guardian or public guardian or an
authorized representative of the State Guardian or public
guardian.
(c) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the disabled person under
Section 11a-18.2.
(d) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed
by the court as the person who will act as guardian of
the disabled person when the disabled person's guardian
dies or is no longer willing or able to make and carry
out day-to-day care decisions concerning the disabled
person. By properly completing this form, a guardian is
naming the person that the guardian wants to be appointed
as the standby guardian of the disabled person. Signing
the form does not appoint the standby guardian; to be
appointed, a petition must be filed in and approved by
the court.]
1. Guardian and Ward. I, (insert name of
designating guardian), currently residing at (insert
address of designating guardian), am the guardian of the
following disabled person: (insert name of ward).
2. Standby Guardian. I hereby designate the
following person to be appointed as standby guardian for
my ward listed above: (insert name and address of person
designated).
3. Successor Standby Guardian. If the person named
in item 2 above cannot or will not act as standby
guardian, I designate the following person to be
appointed as successor standby guardian for my ward:
(insert name and address of person designated).
4. Date and Signature. This designation is made
this (insert day) day of (insert month and year).
Signed: (designating guardian)
5. Witnesses. I saw the guardian sign this
designation or the guardian told me that the guardian
signed this designation. Then I signed the designation as
a witness in the presence of the guardian. I am not
designated in this instrument to act as a standby
guardian for the guardian's ward. (insert space for
names, addresses, and signatures of 2 witnesses)
(755 ILCS 5/11a-3.2 new)
Sec. 11a-3.2. Short-term guardian.
(a) The guardian of a disabled person may appoint in
writing, without court approval, a short-term guardian of the
disabled person to take over the guardian's duties, to the
extent provided in Section 11a-18.3, each time the guardian
is unavailable or unable to carry out those duties. The
guardian shall consult with the disabled person to determine
the disabled person's preference concerning the person to be
appointed as short-term guardian and the guardian shall give
due consideration to the disabled person's preference in
choosing a short-term guardian. The written instrument
appointing a short-term guardian shall be dated and shall
identify the appointing guardian, the disabled person, the
person appointed to be the short-term guardian, and the
termination date of the appointment. The written instrument
shall be signed by, or at the direction of, the appointing
guardian in the presence of at least 2 credible witnesses at
least 18 years of age, neither of whom is the person
appointed as the short-term guardian. The person appointed as
the short-term guardian shall also sign the written
instrument, but need not sign at the same time as the
appointing guardian. A guardian may not appoint the Office of
State Guardian or a public guardian as a short-term guardian,
without the written consent of the State Guardian or public
guardian or an authorized representative of the State
Guardian or public guardian.
(b) The appointment of the short-term guardian is
effective immediately upon the date the written instrument is
executed, unless the written instrument provides for the
appointment to become effective upon a later specified date
or event. A short-term guardian appointed by the guardian
shall have authority to act as guardian of the disabled
person for a cumulative total of 60 days during any 12 month
period. Only one written instrument appointing a short-term
guardian may be in force at any given time.
(c) Every appointment of a short-term guardian may be
amended or revoked by the appointing guardian at any time and
in any manner communicated to the short-term guardian or to
any other person. Any person other than the short-term
guardian to whom a revocation or amendment is communicated or
delivered shall make all reasonable efforts to inform the
short-term guardian of that fact as promptly as possible.
(d) The appointment of a short-term guardian or
successor short-term guardian does not affect the rights in
the disabled person of any guardian other than the appointing
guardian.
(e) The written instrument appointing a short-term
guardian may, but need not, be in the following form:
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a guardian is
appointing a short-term guardian of the disabled person
for a cumulative total of up to 60 days during any 12
month period. A separate form shall be completed each
time a short-term guardian takes over guardianship
duties. The person or persons appointed as the
short-term guardian shall sign the form, but need not do
so at the same time as the guardian.]
1. Guardian and Ward. I, (insert name of
appointing guardian), currently residing at (insert
address of appointing guardian), am the guardian of the
following disabled person: (insert name of ward).
2. Short-term Guardian. I hereby appoint the
following person as the short-term guardian for my ward:
(insert name and address of appointed person).
3. Effective date. This appointment becomes
effective: (check one if you wish it to be applicable)
( ) On the date that I state in writing that I am
no longer either willing or able to make and carry out
day-to-day care decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am no longer
willing or able to make and carry out day-to-day care
decisions concerning my ward.
( ) On the date that I am admitted as an in-patient
to a hospital or other health care institution.
( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the
appointment is effective immediately upon the date the
form is signed and dated below.]
4. Termination. This appointment shall terminate
on: (enter a date corresponding to 60 days from the
current date, less the number of days within the past 12
months that any short-term guardian has taken over
guardianship duties), unless it terminates sooner as
determined by the event or date I have indicated below:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am
willing and able to make and carry out day-to-day care
decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am willing and
able to make and carry out day-to-day care decisions
concerning my ward.
( ) On the date that I am discharged from the
hospital or other health care institution where I was
admitted as an in-patient, which established the
effective date.
( ) On the date which is (state a number of days)
days after the effective date.
( ) Other: (insert other).
[NOTE: If this item is not completed, the
appointment will be effective until the 60th day within
the past year during which time any short-term guardian
of this ward had taken over guardianship duties from the
guardian, beginning on the effective date.]
5. Date and signature of appointing guardian. This
appointment is made this (insert day) day of (insert
month and year).
Signed: (appointing guardian)
6. Witnesses. I saw the guardian sign this
instrument or I saw the guardian direct someone to sign
this instrument for the guardian. Then I signed this
instrument as a witness in the presence of the guardian.
I am not appointed in this instrument to act as the
short-term guardian for the guardian's ward. (insert
space for names, addresses, and signatures of 2
witnesses)
7. Acceptance of short-term guardian. I accept
this appointment as short-term guardian on this (insert
day) day of (insert month and year).
Signed: (short-term guardian)
(f) Each time the guardian appoints a short-term
guardian, the guardian shall: (i) provide the disabled person
with the name, address, and telephone number of the
short-term guardian; (ii) advise the disabled person that he
has the right to object to the appointment of the short-term
guardian by filing a petition in court; and (iii) notify the
disabled person when the short-term guardian will be taking
over guardianship duties and the length of time that the
short-term guardian will be acting as guardian.
(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
Sec. 11a-8. Petition.) The petition for adjudication of
disability and for the appointment of a guardian of the
estate or the person or both of an alleged disabled person
must state, if known or reasonably ascertainable: (a) the
relationship and interest of the petitioner to the
respondent; (b) the name, date of birth, and place of
residence of the respondent; (c) the reasons for the
guardianship; (d) the name and post office address of the
respondent's guardian, if any, or of the respondent's agent
or agents appointed under the Illinois Power of Attorney Act,
if any; (e) the name and post office addresses of the nearest
relatives of the respondent in the following order: (1) the
spouse and adult children, parents and adult brothers and
sisters, if any; if none, (2) nearest adult kindred known to
the petitioner; (f) the name and address of the person with
whom or the facility in which the respondent is residing; (g)
the approximate value of the personal and real estate; (h)
the amount of the anticipated annual gross income and other
receipts; (i) the name, post office address and in case of an
individual, the age, relationship to the respondent and
occupation of the proposed guardian. In addition, if the
petition seeks the appointment of a previously appointed
standby guardian as guardian of the disabled person, the
petition must also state: (j) the facts concerning the
standby guardian's previous appointment and (k) the date of
death of the disabled person's guardian or the facts
concerning the consent of the disabled person's guardian to
the appointment of the standby guardian as guardian, or the
willingness and ability of the disabled person's guardian to
make and carry out day-to-day care decisions concerning the
disabled person. A petition for adjudication of disability
and the appointment of a guardian of the estate or the person
or both of an alleged disabled person may not be dismissed or
withdrawn without leave of the court.
(Source: P.A. 89-396, eff. 8-20-95.)
(755 ILCS 5/11a-8.1 new)
Sec. 11a-8.1. Petition for standby guardian of disabled
person. The petition for appointment of a standby guardian
of the person or the estate, or both, of a disabled person
must state, if known: (a) the name, date of birth, and
residence of the disabled person; (b) the names and post
office addresses of the nearest relatives of the disabled
person in the following order: (1) the spouse and adult
children, parents and adult brothers and sisters, if any; if
none, (2) nearest adult kindred known to the petitioner; (c)
the name and post office address of the person having
guardianship of the disabled person, and of any person or
persons acting as agents of the disabled person under the
Illinois Power of Attorney Act; (d) the name, post office
address, and, in case of any individual, the age and
occupation of the proposed standby guardian; (e) the
preference of the disabled person as to the choice of standby
guardian; (f) the facts concerning the consent of the
disabled person's guardian to the appointment of the standby
guardian, or the willingness and ability of the disabled
person's guardian to make and carry out day-to-day care
decisions concerning the disabled person; (g) the facts
concerning the execution or admission to probate of the
written designation of the standby guardian, if any, a copy
of which shall be attached to or filed with the petition; (h)
the facts concerning any guardianship court actions pending
concerning the disabled person; and (i) the facts concerning
the willingness of the proposed standby guardian to serve,
and in the case of the Office of State Guardian and any
public guardian, evidence of a written acceptance to serve
signed by the State Guardian or public guardian or an
authorized representative of the State Guardian or public
guardian, consistent with subsection (b) of Section 11a-3.1.
(755 ILCS 5/11a-10.2 new)
Sec. 11a-10.2. Procedure for appointment of a standby
guardian or a guardian of a disabled person. In any
proceeding for the appointment of a standby guardian or a
guardian the court may appoint a guardian ad litem to
represent the disabled person in the proceeding.
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children; shall procure for them and shall make provision for
their support, care, comfort, health, education and
maintenance, and professional services as are appropriate,
but the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,
without the consent of the spouse, unless the court finds
that the spouse is not a fit and competent person to have
that custody and education. The guardian shall assist the
ward in the development of maximum self-reliance and
independence. The guardian of the person may petition the
court for an order directing the guardian of the estate to
pay an amount periodically for the provision of the services
specified by the court order. If the ward's estate is
insufficient to provide for education and the guardian of the
ward's person fails to provide education, the court may award
the custody of the ward to some other person for the purpose
of providing education. If a person makes a settlement upon
or provision for the support or education of a ward, the
court may make an order for the visitation of the ward by the
person making the settlement or provision as the court deems
proper.
(b) If the court directs, the guardian of the person
shall file with the court at intervals indicated by the
court, a report that shall state briefly: (1) the current
mental, physical, and social condition of the ward and the
ward's minor and adult dependent children; (2) their present
living arrangement, and a description and the address of
every residence where they lived during the reporting period
and the length of stay at each place; (3) a summary of the
medical, educational, vocational, and other professional
services given to them; (4) a resume of the guardian's visits
with and activities on behalf of the ward and the ward's
minor and adult dependent children; (5) a recommendation as
to the need for continued guardianship; (6) any other
information requested by the court or useful in the opinion
of the guardian. The Office of the State Guardian shall
assist the guardian in filing the report when requested by
the guardian. The court may take such action as it deems
appropriate pursuant to the report.
(c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
(d) A guardian acting as a surrogate decision maker
under the Health Care Surrogate Act shall have all the rights
of a surrogate under that Act without court order including
the right to make medical treatment decisions such as
decisions to forgo or withdraw life-sustaining treatment. Any
decisions by the guardian to forgo or withdraw
life-sustaining treatment that are not authorized under the
Health Care Surrogate Act shall require a court order.
Nothing in this Section shall prevent an agent acting under a
power of attorney for health care from exercising his or her
authority under the Illinois Power of Attorney Act without
further court order, unless a court has acted under Section
2-10 of the Illinois Power of Attorney Act. If a guardian is
also a health care agent for the ward under a valid power of
attorney for health care, the guardian acting as agent may
execute his or her authority under that act without further
court order.
(e) Decisions made by a guardian on behalf of a ward
shall be made in accordance with the following standards for
decision making. Decisions made by a guardian on behalf of a
ward may be made by conforming as closely as possible to what
the ward, if competent, would have done or intended under the
circumstances, taking into account evidence that includes,
but is not limited to, the ward's personal, philosophical,
religious and moral beliefs, and ethical values relative to
the decision to be made by the guardian. Where possible, the
guardian shall determine how the ward would have made a
decision based on the ward's previously expressed
preferences, and make decisions in accordance with the
preferences of the ward. If the ward's wishes are unknown and
remain unknown after reasonable efforts to discern them, the
decision shall be made on the basis of the ward's best
interests as determined by the guardian. In determining the
ward's best interests, the guardian shall weigh the reason
for and nature of the proposed action, the benefit or
necessity of the action, the possible risks and other
consequences of the proposed action, and any available
alternatives and their risks, consequences and benefits, and
shall take into account any other information, including the
views of family and friends, that the guardian believes the
ward would have considered if able to act for herself or
himself.
(f) Upon petition by any interested person (including
the standby or short-term guardian), with such notice to
interested persons as the court directs and a finding by the
court that it is in the best interest of the disabled person,
the court may terminate or limit the authority of a standby
or short-term guardian or may enter such other orders as the
court deems necessary to provide for the best interest of the
disabled person. The petition for termination or limitation
of the authority of a standby or short-term guardian may, but
need not, be combined with a petition to have another
guardian appointed for the disabled person.
(Source: P.A. 90-250, eff. 7-29-97.)
(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
Sec. 11a-18. Duties of the estate guardian.
(a) To the extent specified in the order establishing
the guardianship, the guardian of the estate shall have the
care, management and investment of the estate, shall manage
the estate frugally and shall apply the income and principal
of the estate so far as necessary for the comfort and
suitable support and education of the ward, his minor and
adult dependent children, and persons related by blood or
marriage who are dependent upon or entitled to support from
him, or for any other purpose which the court deems to be for
the best interests of the ward, and the court may approve the
making on behalf of the ward of such agreements as the court
determines to be for the ward's best interests. The guardian
may make disbursement of his ward's funds and estate directly
to the ward or other distributee or in such other manner and
in such amounts as the court directs. If the estate of a
ward is derived in whole or in part from payments of
compensation, adjusted compensation, pension, insurance or
other similar benefits made directly to the estate by the
Veterans Administration, notice of the application for leave
to invest or expend the ward's funds or estate, together with
a copy of the petition and proposed order, shall be given to
the Veterans' Administration Regional Office in this State at
least 7 days before the hearing on the application.
(a-5) The probate court, upon petition of a guardian,
other than the guardian of a minor, and after notice to all
other persons interested as the court directs, may authorize
the guardian to exercise any or all powers over the estate
and business affairs of the ward that the ward could exercise
if present and not under disability. The court may authorize
the taking of an action or the application of funds not
required for the ward's current and future maintenance and
support in any manner approved by the court as being in
keeping with the ward's wishes so far as they can be
ascertained. The court must consider the permanence of the
ward's disabling condition and the natural objects of the
ward's bounty. In ascertaining and carrying out the ward's
wishes the court may consider, but shall not be limited to,
minimization of State or federal income, estate, or
inheritance taxes; and providing gifts to charities,
relatives, and friends that would be likely recipients of
donations from the ward. The ward's wishes as best they can
be ascertained shall be carried out, whether or not tax
savings are involved. Actions or applications of funds may
include, but shall not be limited to, the following:
(1) making gifts of income or principal, or both,
of the estate, either outright or in trust;
(2) conveying, releasing, or disclaiming his or her
contingent and expectant interests in property, including
marital property rights and any right of survivorship
incident to joint tenancy or tenancy by the entirety;
(3) releasing or disclaiming his or her powers as
trustee, personal representative, custodian for minors,
or guardian;
(4) exercising, releasing, or disclaiming his or
her powers as donee of a power of appointment;
(5) entering into contracts;
(6) creating for the benefit of the ward or others,
revocable or irrevocable trusts of his or her property
that may extend beyond his or her disability or life.
(7) exercising options of the ward to purchase or
exchange securities or other property;
(8) exercising the rights of the ward to elect
benefit or payment options, to terminate, to change
beneficiaries or ownership, to assign rights, to borrow,
or to receive cash value in return for a surrender of
rights under any one or more of the following:
(i) Life insurance policies, plans, or
benefits.
(ii) Annuity policies, plans, or benefits.
(iii) Mutual fund and other dividend
investment plans.
(iv) Retirement, profit sharing, and employee
welfare plans and benefits;
(9) exercising his or her right to claim or
disclaim an elective share in the estate of his or her
deceased spouse and to renounce any interest by testate
or intestate succession or by inter vivos transfer;
(10) changing the ward's residence or domicile; or
(11) modifying by means of codicil or trust
amendment the terms of the ward's will or any revocable
trust created by the ward, as the court may consider
advisable in light of changes in applicable tax laws. The
guardian in his or her petition shall briefly outline the
action or application of funds for which he or she seeks
approval, the results expected to be accomplished
thereby, and the tax savings, if any, expected to accrue.
The proposed action or application of funds may include
gifts of the ward's personal property or real estate, but
transfers of real estate shall be subject to the
requirements of Section 20 of this Act. Gifts may be for
the benefit of prospective legatees, devisees, or heirs
apparent of the ward or may be made to individuals or
charities in which the ward is believed to have an
interest. The guardian shall also indicate in the
petition that any planned disposition is consistent with
the intentions of the ward insofar as they can be
ascertained, and if the ward's intentions cannot be
ascertained, the ward will be presumed to favor reduction
in the incidents of various forms of taxation and the
partial distribution of his or her estate as provided in
this subsection. The guardian shall not, however, be
required to include as a beneficiary or fiduciary any
person who he has reason to believe would be excluded by
the ward. A guardian shall be required to investigate
and pursue a ward's eligibility for governmental
benefits.
(b) Upon the direction of the court which issued his
letters, a guardian may perform the contracts of his ward
which were legally subsisting at the time of the commencement
of the ward's disability. The court may authorize the
guardian to execute and deliver any bill of sale, deed or
other instrument.
(c) The guardian of the estate of a ward shall appear
for and represent the ward in all legal proceedings unless
another person is appointed for that purpose as guardian or
next friend. This does not impair the power of any court to
appoint a guardian ad litem or next friend to defend the
interests of the ward in that court, or to appoint or allow
any person as the next friend of a ward to commence,
prosecute or defend any proceeding in his behalf. Without
impairing the power of the court in any respect, if the
guardian of the estate of a ward and another person as next
friend shall appear for and represent the ward in a legal
proceeding in which the compensation of the attorney or
attorneys representing the guardian and next friend is solely
determined under a contingent fee arrangement, the guardian
of the estate of the ward shall not participate in or have
any duty to review the prosecution of the action, to
participate in or review the appropriateness of any
settlement of the action, or to participate in or review any
determination of the appropriateness of any fees awarded to
the attorney or attorneys employed in the prosecution of the
action.
(d) Adjudication of disability shall not revoke or
otherwise terminate a trust which is revocable by the ward.
A guardian of the estate shall have no authority to revoke a
trust that is revocable by the ward, except that the court
may authorize a guardian to revoke a Totten trust or similar
deposit or withdrawable capital account in trust to the
extent necessary to provide funds for the purposes specified
in paragraph (a) of this Section. If the trustee of any
trust for the benefit of the ward has discretionary power to
apply income or principal for the ward's benefit, the trustee
shall not be required to distribute any of the income or
principal to the guardian of the ward's estate, but the
guardian may bring an action on behalf of the ward to compel
the trustee to exercise the trustee's discretion or to seek
relief from an abuse of discretion. This paragraph shall not
limit the right of a guardian of the estate to receive
accountings from the trustee on behalf of the ward.
(e) Absent court order pursuant to the "Illinois Power
of Attorney Act" enacted by the 85th General Assembly
directing a guardian to exercise powers of the principal
under an agency that survives disability, the guardian will
have no power, duty or liability with respect to any property
subject to the agency. This subsection (e) applies to all
agencies, whenever and wherever executed.
(f) Upon petition by any interested person (including
the standby or short-term guardian), with such notice to
interested persons as the court directs and a finding by the
court that it is in the best interest of the disabled person,
the court may terminate or limit the authority of a standby
or short-term guardian or may enter such other orders as the
court deems necessary to provide for the best interest of the
disabled person. The petition for termination or limitation
of the authority of a standby or short-term guardian may, but
need not, be combined with a petition to have another
guardian appointed for the disabled person.
(Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97.)
(755 ILCS 5/11a-18.2 new)
Sec. 11a-18.2. Duties of standby guardian of a disabled
person.
(a) Before a standby guardian of a disabled person may
act, the standby guardian must be appointed by the court of
the proper county and, in the case of a standby guardian of
the disabled person's estate, the standby guardian must give
the bond prescribed in subsection (c) of Section 11a-3.1 and
Section 12-2.
(b) The standby guardian shall not have any duties or
authority to act until the standby guardian receives
knowledge of the death or consent of the disabled person's
guardian, or the inability of the disabled person's guardian
to make and carry out day-to-day care decisions concerning
the disabled person for whom the standby guardian has been
appointed. This inability of the disabled person's guardian
to make and carry out day-to-day care decisions may be
communicated either by the guardian's own admission or by the
written certification of the guardian's attending physician.
Immediately upon receipt of that knowledge, the standby
guardian shall assume all duties as guardian of the disabled
person as previously determined by the order appointing the
standby guardian, and as set forth in Sections 11a-17 and
11a-18, and the standby guardian of the person shall have the
authority to act as guardian of the person without direction
of court for a period of up to 60 days, provided that the
authority of the standby guardian may be limited or
terminated by a court of competent jurisdiction.
(c) Within 60 days of the standby guardian's receipt of
knowledge of the death or consent of the disabled person's
guardian, or the inability of the disabled person's guardian
to make and carry out day-to-day care decisions concerning
the disabled person, the standby guardian shall file or cause
to be filed a petition for the appointment of a guardian of
the person or estate, or both, of the disabled person under
Section 11a-3.
(755 ILCS 5/11a-18.3 new)
Sec. 11a-18.3. Duties of short-term guardian of a
disabled person.
(a) Immediately upon the effective date of the
appointment of a short-term guardian, the short-term guardian
shall assume all duties as short-term guardian of the
disabled person as provided in this Section. The short-term
guardian of the person shall have authority to act as
short-term guardian, without direction of the court, for the
duration of the appointment, which in no case shall exceed a
cumulative total of 60 days in any 12 month period for all
short-term guardians appointed by the guardian. The authority
of the short-term guardian may be limited or terminated by a
court of competent jurisdiction.
(b) Unless further specifically limited by the
instrument appointing the short-term guardian, a short-term
guardian shall have the authority to act as a guardian of the
person of a disabled person as prescribed in Section 11a-17,
but shall not have any authority to act as guardian of the
estate of a disabled person, except that a short-term
guardian shall have the authority to apply for and receive on
behalf of the disabled person benefits to which the disabled
person may be entitled from or under federal, State, or local
organizations or programs.
(755 ILCS 5/11a-23)
Sec. 11a-23. Reliance on authority of guardian, standby
guardian, short-term guardian.
(a) For the purpose of this Section, "guardian",
"standby guardian", and "short-term guardian" includes
temporary, plenary, or limited guardians of all wards.
(b) Every health care provider and other person
(reliant) has the right to rely on any decision or direction
made by the guardian, standby guardian, or short-term
guardian that is not clearly contrary to the law, to the same
extent and with the same effect as though the decision or
direction had been made or given by the ward. Any person
dealing with the guardian, standby guardian, or short-term
guardian may presume in the absence of actual knowledge to
the contrary that the acts of the guardian, standby guardian,
or short-term guardian conform to the provisions of the law.
A reliant shall not be protected if the reliant has actual
knowledge that the guardian, standby guardian, or short-term
guardian is not entitled to act or that any particular action
or inaction is contrary to the provisions of the law.
(c) A health care provider (provider) who relies on and
carries out a guardian's, standby guardian's, or short-term
guardian's directions and who acts with due care and in
accordance with the law shall not be subject to any claim
based on lack of consent, or to criminal prosecution, or to
discipline for unprofessional conduct. Nothing in this
Section shall be deemed to protect a provider from liability
for the provider's own negligence in the performance of the
provider's duties or in carrying out any instructions of the
guardian, standby guardian, or short-term guardian, and
nothing in this Section shall be deemed to alter the law of
negligence as it applies to the acts of any guardian or
provider.
(d) A guardian, standby guardian, or short term
guardian, who acts or refrains from acting is not subject to
criminal prosecution or any claim based upon lack of his or
her authority or failure to act, if the act or failure to act
was with due care and in accordance with law. The guardian,
standby guardian, or short term guardian, shall not be liable
merely because he or she may benefit from the act, has
individual or conflicting interests in relation to the care
and affairs of the ward, or acts in a different manner with
respect to the guardian's, standby guardian's, or short-term
guardian's own care or interests.
(Source: P.A. 89-438, eff. 12-15-95.)
(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
Sec. 12-2. Individual representative; oath and bond.
(a) Except as provided in subsection (b), before
undertaking the representative's duties, every individual
representative shall take and file an oath or affirmation
that the individual will faithfully discharge the duties of
the office of the representative according to law and shall
file in and have approved by the court a bond binding the
individual representative so to do. The court may waive the
filing of a bond of a representative of the person of a ward
or of a standby guardian of a minor or disabled person.
(b) Where bond or security is excused by the will or as
provided in subsection (b) of Section 12-4, the bond of the
representative in the amount from time to time required under
this Article shall be in full force and effect without
writing, unless the court requires the filing of a written
bond.
(Source: P.A. 88-529.)
(755 ILCS 5/21-2) (from Ch. 110 1/2, par. 21-2)
Sec. 21-2. Investments; Ward's Estate.)
(a) It is the duty of the representative to invest the
ward's money. A representative is chargeable with interest
at a rate equal to the rate on 90-day United States Treasury
Bills upon any money that the representative which he
wrongfully or negligently allows to remain in his hands
uninvested after it might have been invested. Reasonable
sums of money retained uninvested by the representative in
order to pay for the current or imminent expenses of the ward
shall not be considered wrongfully or negligently uninvested.
(b) Upon receiving the approval of the court, a
representative may hold any investments, or any increase
thereof, received by the representative him at the time of
the representative's his appointment or acquired by the ward,
although the investment is not otherwise authorized under
this Act, and the court has power to direct the
representative in connection therewith.
(c) A representative may invest only in the types of
property specified in Sections 21-2.01 through 21-2.15.
(Source: P.A. 84-494.)
(755 ILCS 5/21-2.04) (from Ch. 110 1/2, par. 21-2.04)
Sec. 21-2.04. Insured accounts, deposits, and
certificates. Withdrawable capital accounts, deposits,
investment certificates or certificates of deposit of state
and federal savings and loan associations but, unless
otherwise authorized by a court of competent jurisdiction,
only to the extent that the accounts, deposits or
certificates are insured by the United States or any of its
agencies Federal Savings and Loan Insurance Corporation, and
share accounts in federal and state credit unions if the
credit unions are insured by the National Credit Union
Administration. Amounts invested in a savings and loan
association in excess of the amount insured by the United
States or any of its agencies Federal Savings and Loan
Insurance Corporation shall be secured by a surety bond taken
from a surety authorized to transact business in this State
in such sum, under such conditions, and with such security
sufficient to save the estate from loss.
(Source: P.A. 81-0391; 81-0403; 81-1509.)
(755 ILCS 5/21-2.05) (from Ch. 110 1/2, par. 21-2.05)
Sec. 21-2.05. Municipal bonds. Instruments providing for
the payment of money executed by or on behalf of any state of
the United States or the District of Columbia or any
governmental entity organized by or under the laws of any
state of the United States or the District of Columbia, to
carry out a public governmental or proprietary function,
acting through its corporate authorities, or that any
governmental entity has assumed or agreed to pay and that, at
the time of investment, have been given one of the top 4
rating grades by a nationally recognized rating service. The
direct obligations of any state, county, city, town, village,
school district, municipality and any political subdivision
of any of them, located in any state of the United States or
the District of Columbia, if the total direct obligations of
that state, county, city, town, village, school district,
municipality or political subdivision does not exceed 5 per
cent of the assessed valuation of property for taxation at
the time of the investment, but no investment may be made in
obligations of any state, county, city, town, village, school
district, municipality or political subdivision which has
defaulted in a payment of principal or interest on any of its
bonded debt during the period of 5 years prior to the making
of the investment.
(Source: P.A. 79-328.)
(755 ILCS 5/21-2.07) (from Ch. 110 1/2, par. 21-2.07)
Sec. 21-2.07. Notes secured by real estate. All of the
notes secured by a first mortgage or trust deed upon improved
or income producing real estate situated in this State and
not exceeding two-thirds 1/2 of the value thereof at the time
of the investment.
(Source: P.A. 79-328.)
(755 ILCS 5/21-2.08) (from Ch. 110 1/2, par. 21-2.08)
Sec. 21-2.08. Corporate obligations. Obligations of any
company incorporated under the laws of the United States or
of any state of the United States or the District of Columbia
that, at the time of investment, have been given one of the
top 4 rating grades by a nationally recognized rating service
which are or have been a part of an issue of not less than
$3,000,000.
(Source: P.A. 79-328.)
(755 ILCS 5/21-2.11) (from Ch. 110 1/2, par. 21-2.11)
Sec. 21-2.11. Life, endowment, or annuity policies.
Life, endowment, or annuity policies on upon the life of the
ward, or on the life of any person in whose life the ward has
an insurable interest, if the ward is the beneficiary, when
the policies of insurance are issued by companies,
associations or fraternal organizations that, at the time of
investment, have been given one of the top 4 rating grades by
a nationally recognized rating service licensed to engage in
the business of insurance in this State. The order may
authorize the payment of annual premiums without further
application to the court.
(Source: P.A. 79-328.)
(755 ILCS 5/21-2.12) (from Ch. 110 1/2, par. 21-2.12)
Sec. 21-2.12. Stock. Preferred and common Shares of any
corporation with a market capitalization of over $200,000,000
if organized under the laws of the United States or any state
thereof or of the District of Columbia if:
(a) in the case of preferred shares, the issuing
corporation has earned a net profit in 8 of the preceding 10
fiscal years as reflected in its statements and during each
of the preceding 10 fiscal years has paid dividends in the
specified amounts upon all of its preferred shares, if any,
outstanding during such year and has no dividend arrearages
on its preferred shares outstanding at the date of purchase;
(b) in the case of common shares, the issuing
corporation has earned a net profit in 8 of the preceding 10
fiscal years as reflected in its statements and during each
of the preceding 10 years has paid dividends in the specified
amounts upon all its preferred shares, if any, outstanding
during such year and in each of at least 8 of the preceding
10 fiscal years, including the preceding 5 fiscal years, has
paid dividends in some amount upon all its common shares, if
any, outstanding during such years;
(c) in the case of any shares, except shares of an
investment company or investment trust, the shares are fully
listed and registered on upon an exchange registered with the
Securities and Exchange Commission as a national securities
exchange or an electronic securities quotation system
regulated by the Securities and Exchange Commission.
If a corporation has acquired a substantial part of its
property within 10 years immediately preceding the investment
by consolidation or merger or by the purchase of a
substantial part of the property of any other corporation,
the earnings of the predecessor or constituent corporations
shall be consolidated for the purpose of ascertaining whether
the requirements of this Section have been satisfied.
As used in this Section, "corporation" includes an
open-end or closed-end management type investment company or
investment trust which is registered with, and regulated by,
the Securities and Exchange Commission, which has no
preferred shares, bonds, loans or any other outstanding
securities having preference or priority as to assets or
earnings over its common shares, and which has net assets of
not less than $10,000,000 at the date of purchase, and
"common shares" includes shares, units or certificates of
beneficial interest or trust participation certificates
issued by an investment company or investment trust.
No investment in preferred or common shares of a
corporation may be made under this Section that which, at the
time such investment is made, would cause the market value of
all stock held in the ward's estate preferred and common
shares to exceed two-thirds 1/2 of the market value of the
estate then held by the representative.
(Source: P.A. 79-328.)
(755 ILCS 5/21-2.13) (from Ch. 110 1/2, par. 21-2.13)
Sec. 21-2.13. Common trust funds. Interests in one or
more common trust funds, as defined in and from time to time
established, maintained and administered pursuant to the
Common Trust Fund Act, the Investments of which are not
restricted to the investments otherwise authorized for
representatives by Sections 21-2.01 through 21-2.12 and
21-2.14 of this Act, provided that the investment in such
common trust fund meets the standard of the prudent investor
person rule for the investment of trust funds.
(Source: P.A. 84-494.)
(755 ILCS 5/21-2.09 rep.)
(755 ILCS 5/21-2.13a rep.)
Section 10. The Probate Act of 1975 is amended by
repealing Sections 21-2.09 and 21-2.13a.
Section 15. The Statute Concerning Perpetuities is
amended by changing Sections 3 and 4 as follows:
(765 ILCS 305/3) (from Ch. 30, par. 193)
Sec. 3. Definitions and Terms.
As used in this Act unless the context otherwise
requires:
(a) "Trust" means any trust created by any written
instrument, including, without limitation, a trust created by
in the exercise of a power of appointment.
(a-5) "Qualified perpetual trust" means any trust
created by any written instrument executed on or after
January 1, 1998, including an amendment to an instrument in
existence prior to that date and the exercise of a power of
appointment granted by an instrument executed or amended on
or after that date:
(i) to which, by the specific terms governing the
trust, the rule against perpetuities does not apply; and
(ii) the power of which the trustee (or other
person to whom the power is properly granted or
delegated) to sell property of which is not limited by
the governing trust instrument has the power in the trust
document or under any provision of law to sell, lease, or
mortgage property for any period of time beyond the
period of the rule against perpetuities.
(b) "Trustee" includes the original trustee of any trust
and also any succeeding or added trustee.
(c) "Instrument" means any writing pursuant to which any
legal or equitable interest in property or in the income
therefrom is affected, disposed of or created.
(d) "Beneficiary" includes any person to whom any
interest, whether vested or contingent, is given by an
instrument.
(e) Any reference in this Act to income to be "paid" or
to income "payments" or to "receiving" income includes income
payable or distributable to or applicable for the benefit of
a beneficiary.
(f) Words importing the masculine gender include the
feminine and neuter, and words importing the singular number
include the plural and words importing the plural number
include the singular.
(Source: P.A. 90-472, eff. 8-17-97.)
(765 ILCS 305/4) (from Ch. 30, par. 194)
Sec. 4. Application of the Rule Against Perpetuities.
(a) The rule against perpetuities shall not apply:
(1) to any disposition of property or interest therein
which, at the effective date of this Act, does not violate,
or is exempted by statute from the operation of, the common
law rule against perpetuities;
(2) to powers of a trustee to sell, lease or mortgage
property or to powers which relate to the administration or
management of trust assets, including, without limitation,
discretionary powers of a trustee to determine what receipts
constitute principal and what receipts constitute income and
powers to appoint a successor trustee;
(3) to mandatory powers of a trustee to distribute
income, or to discretionary powers of a trustee to distribute
principal prior to termination of a trust, to a beneficiary
having an interest in the principal which is irrevocably
vested in quality and quantity;
(4) to discretionary powers of a trustee to allocate
income and principal among beneficiaries, but no exercise of
any such power after the expiration of the period of the rule
against perpetuities is valid;
(5) to leases to commence in the future or upon the
happening of a future event, but no such lease shall be valid
unless the term thereof actually commences in possession
within 40 years from the date of execution of the lease;
(6) to commitments (A) by a lessor to enter into a lease
with a subtenant or with the holder of a leasehold mortgage
or (B) by a lessee or sublessee to enter into a lease with
the holder of a mortgage;
(7) to options in gross or to preemptive rights in the
nature of a right of first refusal, but no option in gross
shall be valid for more than 40 years from the date of its
creation; or
(8) to qualified perpetual trusts as defined in Section
3 of this Act created by will or inter-vivos agreement
executed or amended on or after January 1, 1998, or to
qualified perpetual trusts created by exercise of a power of
appointment granted under instruments executed or amended on
or after January 1, 1998.
(b) The period of the rule against perpetuities shall
not commence to run in connection with any disposition of
property or interest therein, and no instrument shall be
regarded as becoming effective for purposes of the rule
against perpetuities, and no interest or power shall be
deemed to be created for purposes of the rule against
perpetuities as long as, by the terms of the instrument, the
maker of the instrument has the power to revoke the
instrument or to transfer or direct to be transferred to
himself the entire legal and equitable ownership of the
property or interest therein.
(c) In determining whether an interest violates the rule
against perpetuities:
(1) it shall be presumed (A) that the interest was
intended to be valid, (B) in the case of an interest
conditioned upon the probate of a will, the appointment of an
executor, administrator or trustee, the completion of the
administration of an estate, the payment of debts, the sale
or distribution of property, the determination of federal or
state tax liabilities or the happening of any administrative
contingency, that the contingency must occur, if at all,
within the period of the rule against perpetuities, and (C)
where the instrument creates an interest in the "widow",
"widower", or "spouse" of another person, that the maker of
the instrument intended to refer to a person who was living
at the date that the period of the rule against perpetuities
commences to run;
(2) where any interest, but for this subparagraph (c)
(2), would be invalid because it is made to depend upon any
person attaining or failing to attain an age in excess of 21
years, the age specified shall be reduced to 21 years as to
every person to whom the age contingency applies;
(3) if, notwithstanding the provisions of subparagraphs
(c) (1) and (2) of this Section, the validity of any interest
depends upon the possibility of the birth or adoption of a
child, (A) no person shall be deemed capable of having a
child until he has attained the age of 13 years, (B) any
person who has attained the age of 65 years shall be deemed
incapable of having a child, (C) evidence shall be admissible
as to the incapacity of having a child by a living person who
has not attained the age of 65 years, and (D) the possibility
of having a child or more remote descendant by adoption shall
be disregarded.
(d) Subparagraphs (a) (2), (3) and (6) and paragraph (b)
of this Section shall be deemed to be declaratory of the law
prevailing in this State at the effective date of this Act.
(Source: P.A. 90-472, eff. 8-17-97.)
Section 17. The Trust Accumulation Act is amended by
changing Section 1 as follows:
(765 ILCS 315/1) (from Ch. 30, par. 153)
Sec. 1. No person shall, after this Act goes into effect,
by any deed, will, agreement or otherwise, settle or dispose
of any real or personal property, so and in such manner,
either expressly or by implication, that the income thereof
shall be wholly or partially accumulated for any longer term
after the effective date of such settlement or disposition
than a life or lives in being at that date and 21 years
beyond; and in every case where any accumulation shall be
directed otherwise, such direction shall be null and void,
and the income of such property so directed to be
accumulated, shall, so long as the same shall be directed to
be accumulated contrary to the provisions of this Act, go to
and be received by the person in whom the beneficial interest
in the corpus of the estate from which such income was
derived is vested. This Section does not apply to trusts to
which Section 5 of the Statute Concerning Perpetuities
applies, to qualified perpetual trusts as defined in Section
3 of the Statute Concerning Perpetuities, to trusts created
for the purpose of care of burial places, and or to trusts
created as part of a plan for the benefit of some or all of
the employes of one or more employers, including but without
limitation, a stock bonus, pension, disability, death
benefit, profit sharing, unemployment benefit or other plan,
for the purpose of distributing for the benefit of such
employes, including their beneficiaries, the earnings or the
principal, or both earnings and principal, of the fund so
held in trust. Nothing in this Act shall be deemed to affect
or modify in any manner the rule of property known as the
"rule against perpetuities". For purposes of this Act no
settlement or disposition shall be deemed effective as long
as, by the terms of the instrument creating it, the maker of
the instrument has the power to revoke the instrument or to
transfer or direct to be transferred to himself the entire
legal and equitable ownership of the property which is the
subject matter of the settlement or disposition.
The amendatory Act of 1953 applies only to deeds or
agreements inter vivos which become legally effective on or
after July 1, 1953, and only to wills of testators dying on
or after such date.
The amendatory Act of 1957 applies only to instruments
which become effective after July 1, 1957.
This amendatory Act of 1969 applies only to instruments
which become effective after the effective date of this
amendatory Act of 1969, but the last sentence of the first
paragraph of this amendatory Act of 1969 shall be deemed to
be declaratory of the law prevailing in this state at the
effective date of this amendatory Act of 1969.
(Source: P.A. 90-472, eff. 8-17-97.)
Section 20. The Uniform Disposition of Unclaimed
Property Act is amended by changing Section 2 as follows:
(765 ILCS 1025/2) (from Ch. 141, par. 102)
Sec. 2. The following property held or owing by a
banking or financial organization is presumed abandoned:
(a) Any demand, savings, or matured time deposit with a
banking organization, together with any interest or dividend
thereon, excluding any charges that may lawfully be withheld,
unless the owner has, within 5 years:
(1) Increased or decreased the amount of the
deposit, or presented the passbook or other similar
evidence of the deposit for the crediting of interest; or
(2) Corresponded in writing with the banking
organization concerning the deposit; or
(3) Otherwise indicated an interest in the deposit
as evidenced by a memorandum on file with the banking
organization.
(b) Any funds paid toward the purchase of withdrawable
shares or other interest in a financial organization, or any
deposit made, and any interest or dividends thereon,
excluding any charges that may be lawfully withheld, unless
the owner has within 5 years:
(1) Increased or decreased the amount of the funds,
or deposit, or presented an appropriate record for the
crediting of interest or dividends; or
(2) Corresponded in writing with the financial
organization concerning the funds or deposit; or
(3) Otherwise indicated an interest in the funds or
deposit as evidenced by a memorandum on file with the
financial organization.
(c) Any sum payable on checks or on written instruments
on which a banking or financial organization or business
association is directly liable including, by way of
illustration but not of limitation, certificates of deposit,
drafts, money orders and travelers checks, that with the
exception of travelers checks has been outstanding for more
than 5 years from the date it was payable, or from the date
of its issuance if payable on demand, or, in the case of
travelers checks, that has been outstanding for more than 15
years from the date of its issuance, unless the owner has
within 5 years or within 15 years in the case of travelers
checks corresponded in writing with the banking or financial
organization or business association concerning it, or
otherwise indicated an interest as evidenced by a memorandum
on file with the banking or financial organization or
business association.
(d) Any funds or other personal property, tangible or
intangible, removed from a safe deposit box or any other
safekeeping repository or agency or collateral deposit box on
which the lease or rental period has expired due to
nonpayment of rental charges or other reason, or any surplus
amounts arising from the sale thereof pursuant to law, that
have been unclaimed by the owner for more than 5 years from
the date on which the lease or rental period expired,
subject to lien of the holder for reimbursement of costs
incurred in the opening of a safe deposit box as determined
by the holder's regular schedule of charges.
(e) Notwithstanding any other provision of this Section,
no deposit except passbook, checking, NOW accounts, super NOW
accounts, money market accounts, or such similar accounts as
established by Rule of the Director, held by a banking or
financial organization shall be presumed abandoned if with
respect to such a deposit which specifies a definite maturity
date, such organization was authorized in writing to extend
or rollover the account for an additional like period and
such organization does so extend. Such deposits are not
presumed abandoned less than 5 years from that final maturity
date. Property of any kind held in an individual retirement
account (IRA) is not presumed abandoned earlier than 5 years
after the owner attains the age at which distributions from
the account become mandatory under law.
(f) Notwithstanding any other provision of this Section,
money of a minor deposited pursuant to Section 24-21 of the
Probate Act of 1975 shall not be presumed abandoned earlier
than 5 years after the minor attains legal age. Such money
shall be deposited in an account which shall indicate the
birth date of the minor.
(Source: P.A. 89-604, eff. 8-2-96; 90-167, eff. 7-23-97.)
Section 99. Effective date. This Act takes effect
September 1, 1998.