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(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2)
Sec. 28-2. Order for independent administration - notice of
appointment of independent administrator.) (a) Unless the will, if any,
expressly forbids independent administration or supervised
administration is required under subsection (b), the court shall grant
independent administration (1) when an order is entered appointing a
representative pursuant to a petition which does not request supervised
administration and which is filed under Section 6-2, 6-9, 6-20, 7-2,
8-2, 9-4 or 9-6 and (2) on petition by the representative at any time or
times during supervised administration and such notice to interested
persons as the court directs. Notwithstanding any contrary provision of
the preceding sentence, if there is an interested person who is a minor
or person with a disability, the court may require supervised administration (or
may grant independent administration on such conditions as its deems
adequate to protect the ward's interest) whenever the court finds that
(1) the interests of the ward are not adequately represented by a
personal fiduciary acting or designated to act pursuant to Section 28-3
or by another party having a substantially identical interest in the
estate and the ward is not represented by a guardian of his estate and
(2) supervised administration is necessary to protect the ward's
interests. When independent administration is granted, the independent
representative shall include with
each notice required to be mailed to heirs or legatees under Section 6-10
or Section 9-5 an explanation of the rights of
heirs and legatees
under this Article and the form of petition which may be used to terminate
independent administration under subsection 28-4(a). The form and substance
of the notice of rights and the petition to terminate shall be prescribed
by rule of the Supreme Court of this State. Each order granting independent
administration and the letters shall state that the
representative is appointed
as independent executor or independent administrator, as the case may be.
The independent representative shall file
proof of mailing with the clerk of the court.
(b) If an interested person objects to the grant of independent administration
under subsection (a), the court shall require supervised
administration, except:
(1) If the will, if any, directs independent |
| administration, supervised administration shall be required only if the court finds there is good cause to require supervised administration.
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(2) If the objector is a creditor or a legatee other
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| than a residuary legatee, supervised administration shall be required only if the court finds it is necessary to protect the objector's interest, and instead of ordering supervised administration, the court may require such other action as it deems adequate to protect the objector's interest.
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(Source: P.A. 99-143, eff. 7-27-15.)
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