(755 ILCS 5/23-3) (from Ch. 110 1/2, par. 23-3)
Sec. 23-3.
Procedure on removal.) (a) Before removing a
representative for any of the causes set forth in Section 23-2, the court shall
order a citation to issue directing the respondent to show cause why he
should not be removed
for the cause stated in the citation. The citation must be served not less than 10 days
before the return day designated in the citation and must be served and
returned in the manner
provided for summons in civil cases. The address recorded by the representative
with the
clerk of the court shall be considered the place where citations, notices or other
process may be served upon him.
(b) If (1) the petitioner or his attorney files in the office of the
clerk of the court an affidavit stating that the respondent resides or has
gone out of this State, is concealed within this State, or on due inquiry
cannot be found
so that the citation cannot be served on him, and stating the last known post
office address of the respondent or (2) the citation is issued on the court's own
motion and is not served on the respondent, the clerk shall prepare a notice which
must state the name of the decedent or ward, the number of the case, the
name of the person to whom the notice is given, the alleged cause of removal
and place of hearing and shall direct the respondent to appear and show cause
why he should not be removed. Not less than 15 days before the return day designated
in the notice, the clerk of the court shall send by registered mail one
copy of the notice to the respondent at his last known post office address as
stated in the affidavit if one is filed, one copy of the notice to the respondent at
his last known post office address as shown by the last document filed
in the court in which he stated his post office address and one copy of the notice to
his attorney of record.
(c) The representative whose removal is sought may file a pleading
to the petition or charges for removal on or before the return day designated in the
citation or notice or within such further time as the court permits.
If on the hearing the court finds that he should be removed for any cause listed
in Section 23-2, the court may remove him and revoke his letters.
(d) The court may assess the costs of the proceeding against a representative
who is removed for any cause listed in Section 23-2.
(Source: P.A. 79-328.)
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