(755 ILCS 5/20-1)
(from Ch. 110 1/2, par. 20-1)
Administration and possession of decedent's real estate.) (a) Except
as otherwise provided by subsection (b) of this Section or by decedent's will, every
representative shall take possession, subject to the exempt estate of homestead, of all
real estate of the decedent during the period of administration and, while retaining
possession, (1) shall collect the rents and earnings therefrom, (2) shall keep in
tenantable repair the buildings and fixtures, (3) shall pay the taxes, mortgages
liens thereon in accordance with their terms, (4) may protect the real estate
(5) may employ agents and custodians and (6) may make all reasonable expenditures
to preserve the real estate. He may maintain an action for the possession of or to
determine the title to real estate, except that no action to determine the title to real
estate may be commenced without authorization of the court which issued his letters.
(b) The representative may not take possession of real estate or the portion
by the heir or legatee thereof as his residence unless otherwise provided
by the decedent's will
or unless the court at any time finds that possession is necessary for the
payment of claims,
expenses of administration, estate or inheritance taxes or legacies, the
preservation of the
real estate, or any part thereof, or the proper distribution of the estate.
(c) Upon petition of any interested person, the court may grant possession
of real estate
on such terms as it deems appropriate to the heir or legatee thereof, if
it appears that the real
estate or income therefrom will not be needed for the payment of claims,
expenses of administration,
estate or inheritance taxes or legacies. An order granting possession of
real estate does not
constitute a determination of title to the real estate.
(d) Nothing in this Section affects the power of the representative to sell or
mortgage any real estate of the decedent under this Act.
(Source: P.A. 79-328.)