093_SB1347enr

 
SB1347 Enrolled                      LRB093 02140 WGH 02147 b

 1        AN ACT concerning estate administration.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Probate  Act  of  1975  is  amended by
 5    changing Section 9-8 as follows:

 6        (755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
 7        Sec. 9-8.  Distribution on summary administration.)  Upon
 8    the filing of a petition therefor in the court of the  proper
 9    county  by  any  interested person and after ascertainment of
10    heirship of the decedent and admission of the will,  if  any,
11    to probate, if it appears to the court that:
12        (a)  the  gross value of the decedent's real and personal
13    estate subject to administration in this State as itemized in
14    the petition does not exceed $100,000 $50,000;
15        (b)  there is no unpaid claim against the estate, or  all
16    claimants  known  to the petitioner, with the amount known by
17    him to be due to each of them, are listed in the petition;
18        (c)  no tax will be due to the United States or  to  this
19    State  by  reason  of  the  death of the decedent or all such
20    taxes have been paid or provided for or are the obligation of
21    another fiduciary;
22        (d)  no person is entitled to  a  surviving  spouse's  or
23    child's  award  under  this  Act,  or a surviving spouse's or
24    child's award is allowable under this Act, and the  name  and
25    age  of  each  person  entitled to an award, with the minimum
26    award allowable under this Act to  the  surviving  spouse  or
27    child,  or  each of them, and the amount, if any, theretofore
28    paid to the spouse or child on such award, are listed in  the
29    petition;
30        (e)  all   heirs   and  legatees  of  the  decedent  have
31    consented in writing to distribution of the estate on summary
 
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 1    administration (and if an heir  or  legatee  is  a  minor  or
 2    disabled  person,  the  consent may be given on his behalf by
 3    his parent, spouse, adult child,  person  in  loco  parentis,
 4    guardian or guardian ad litem);
 5        (f)  each  distributee  gives  bond  in  the value of his
 6    distributive share, conditioned to refund the due  proportion
 7    of any claim entitled to be paid from the estate distributed,
 8    including  the  claim  of  any person having a prior right to
 9    such  distribution,  together  with  expenses  of   recovery,
10    including  reasonable  attorneys'  fees,  with  surety  to be
11    approved by the court.  If at any time  after  payment  of  a
12    distributive  share  it becomes necessary for all or any part
13    of the distributive share to be refunded for the  payment  of
14    any  claim entitled to be paid from the estate distributed or
15    to provide for a distribution to any person  having  a  prior
16    right  thereto,  upon  petition  of any interested person the
17    court shall order the distributee to refund that  portion  of
18    his  distributive share which is necessary for such purposes.
19    If there is  more  than  one  distributee,  the  court  shall
20    apportion  among  the  distributees the amount to be refunded
21    according to  the  amount  received  by  each  of  them,  but
22    specific and general legacies need not be refunded unless the
23    residue  is insufficient to satisfy the claims entitled to be
24    paid from the estate distributed.  If a  distributee  refuses
25    to  refund within 60 days after being ordered by the court to
26    do so and upon demand, the refusal is deemed a breach of  the
27    bond  and a civil action may be maintained by the claimant or
28    person having a prior right to  a  distribution  against  the
29    distributee  and  the surety or either of them for the amount
30    due  together  with  the  expenses  of  recovery,   including
31    reasonable  attorneys'  fees.  The  order  of  the  court  is
32    evidence of the amount due;
33        (g)  the  petitioner has published a notice informing all
34    persons of the death of the decedent, of the  filing  of  the
 
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 1    petition   for   distribution   of   the  estate  on  summary
 2    administration and of the date, time and place of the hearing
 3    on the petition (the notice having been published once a week
 4    for 3 successive weeks in a newspaper published in the county
 5    where the petition has  been  filed,  the  first  publication
 6    having  been made not less than 30 days prior to the hearing)
 7    and has filed proof of publication  with  the  clerk  of  the
 8    court;
 9        the court may determine the rights of claimants and other
10    persons  interested  in  the estate, direct payment of claims
11    and distribution of the estate on summary administration  and
12    excuse  the  issuance  of  letters  of  office  or revoke the
13    letters  which   have   been   issued   and   discharge   the
14    representative.
15        Any  claimant  may file his claim in the proceeding at or
16    before the hearing on the petition, but failure to do so does
17    not deprive the claimant of his right to enforce his claim in
18    any other manner provided by law.
19        A petition for distribution on summary administration may
20    be combined with or filed  separately  from  a  petition  for
21    probate of a will or for administration of an estate.
22    (Source: P.A. 81-1453.)