(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.
|
|
(2) If the objector is a creditor or a legatee other
|
| 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.
|
|
(Source: P.A. 99-143, eff. 7-27-15.)
|
(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)
Sec. 28-3. Protection of persons under disability during independent
administration.) (a) A personal fiduciary acting pursuant to this Article
has full power and the responsibility to protect the interests of his ward
during independent administration and to do all acts necessary or appropriate
for that purpose which the ward might do if not under disability. Approval
of any act of the independent representative or of his final report by the
personal fiduciary, or failure of the personal fiduciary to object after
notice pursuant to this Article, binds the ward. Unless the ward is bound
under the preceding sentence, the independent representative is accountable
to the ward for damages incurred as a consequence of willful default by
the independent representative until the expiration of a period of 6 months
after the ward's disability is removed, and any action must be commenced
before the expiration of that period. Upon the entry of an order pursuant
to Section 28-4 terminating independent administration status, the personal
fiduciary's powers and responsibility for continuing to protect the ward's
interest terminate. The fact that a personal fiduciary is acting does not
limit the right of any person as next friend of the ward to inform the court
of any circumstances that may adversely affect the ward's interests in the estate.
(b) The following persons are entitled to act as personal fiduciary for
a ward in the order of preference indicated:
(1) The representative of the ward's estate acting in |
| Illinois or, if none, the representative of the ward's estate acting in any other jurisdiction.
|
|
(2) The person designated as personal fiduciary in
|
| the decedent's will, if any.
|
|
(3) The person designated as personal fiduciary by
|
| the independent representative in a petition for letters of office or other instrument filed with the clerk of the court.
|
|
No person may act as personal fiduciary who is a minor or person with a disability,
who has been convicted of a felony or whose interests conflict
with the ward's interests in the decedent's estate.
A personal fiduciary designated under subparagraph (3) above shall be a spouse,
descendant, parent, grandparent, brother, sister, uncle or aunt of the ward,
a guardian of the person of the ward or a party having an interest in the
estate substantially identical to that of the ward. The responsibility
of a personal fiduciary begins on delivery of his written acceptance of
the office to the independent representative. Any personal fiduciary may
refuse to act or may resign at any time by instrument delivered to the
independent representative. When a personal fiduciary has been appointed
and there is a change of personal fiduciary or a vacancy in that office,
the independent representative shall inform the court; and the court may
designate any suitable person as personal fiduciary when there is a vacancy
that has not been filled by the independent representative in accordance
with this Section 28-3.
(c) A personal fiduciary is entitled to such reasonable compensation for
his services as may be approved by the independent representative or, in
the absence of approval, as may be fixed by the court, to be paid out of
the estate as an expense of administration.
(d) A personal fiduciary is liable to the ward only for willful default
and not for errors in judgment.
(Source: P.A. 99-143, eff. 7-27-15.)
|
(755 ILCS 5/28-4) (from Ch. 110 1/2, par. 28-4)
Sec. 28-4.
Termination of independent administration status.) (a) Upon
petition by any interested person, mailed or delivered to the clerk of the
court, the court shall enter an order terminating the independent administration
status of the estate, except:
(1) If the will, if any, directs independent administration,
independent administration status shall be terminated only if the court
finds there is good cause to require supervised administration.
(2) If the petitioner is a creditor or a legatee other than a
residuary legatee, independent administration status shall be terminated
only if the court finds that termination is necessary to protect the
petitioner's interest, and instead of terminating independent
administration status, the court may require such other action as it
deems adequate to protect the petitioner's interest. Upon termination
of independent administration, the representative must mail notice of the
termination to all interested persons whose names and post office addresses
are known to the representative and file proof of mailing with the clerk of the court.
(b) After entry of an order terminating independent administration
status, the representative shall be governed by all provisions of the
Act applicable to the estate in supervised administration, and the order
of termination shall direct the representative as to the time and manner
for the performance of any acts (such as the filing of an inventory or
account) which would have been required to be done earlier in supervised
administration.
(c) After entry of an order terminating independent administration
status, the independent representative may not exercise any power
pursuant to this Article and is liable for any damages caused by any
such exercise, but the validity of the independent representative's
actions pursuant to this Article after termination with respect to any
person other than beneficiaries and creditors of the estate will not be
affected by termination of independent administration unless such person
has actual knowledge of termination.
(Source: P.A. 81-1453.)
|
(755 ILCS 5/28-8) (from Ch. 110 1/2, par. 28-8)
Sec. 28-8. Administrative powers. An independent representative
acting reasonably for the best interests of the estate has the powers
granted in the will and the following powers, all exercisable without
court order, except to the extent that the following powers are
inconsistent with the will:
(a) To lease, sell at public or private sale, for |
| cash or on credit, mortgage or pledge the personal estate of the decedent and to distribute in kind any personal estate the sale of which is not necessary;
|
|
(b) To borrow money with or without security;
(c) To mortgage or pledge agricultural commodities as
|
| provided in Section 19-3;
|
|
(d) To continue the decedent's unincorporated
|
| business without personal liability except for malfeasance or misfeasance for losses incurred; and obligations incurred or contracts entered into by the independent representative with respect to the business are entitled to priority of payment out of the assets of the business but, without approval of the court first obtained, do not involve the estate beyond those assets;
|
|
(e) To settle, compound or compromise any claim or
|
| interest of the decedent in any property or exchange any such claim or interest for other claims or property; and to settle compound or compromise and pay all claims against the estate as provided in Sections 18-11 and 18-13, but claims of the independent representative or his attorney shall be subject to Section 18-8;
|
|
(f) To perform any contract of the decedent;
(g) To employ agents, accountants and counsel,
|
| including legal and investment counsel; to delegate to them the performance of any act of administration, whether or not discretionary; and to pay them reasonable compensation;
|
|
(h) To hold stocks, bonds and other personal property
|
| in the name of a nominee as provided in Section 19-12;
|
|
(i) To take possession, administer and grant
|
| possession of the decedent's real estate, which term in this subsection includes oil, gas, coal and other mineral interests therein; to pay taxes on decedent's real estate whether or not in possession of the representative; to lease the decedent's real estate upon such terms and for such length of time as he deems advisable; to sell at public or private sale, for cash or on credit, or mortgage any real estate or interest therein to which the decedent had claim or title, but real estate specifically bequeathed shall not be leased, sold or mortgaged without the written consent of the legatee; and to confirm the title of any heir or legatee to real estate by recording and delivering to the heir or legatee an instrument releasing the estate's interest; and
|
|
(j) To retain property properly acquired, without
|
| regard to its suitability for original purchase; and to invest money of the estate (1) in any one or more of the investments described in Section 21-1 or (2) if the independent representative determines that the estate is solvent and all interested persons other than creditors approve, in any investments authorized for trustees under the prudent investor rule stated in Article 9 of the Illinois Trust Code.
|
|
(Source: P.A. 101-48, eff. 1-1-20.)
|