State of Illinois
91st General Assembly
Legislation

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91_SB0561enr

 
SB561 Enrolled                                 LRB9103080DJcd

 1        AN  ACT  to  amend  the  Probate  Act of 1975 by changing
 2    Sections 13-3 and 13.4.

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

 5        Section  3.   The  Probate  Act  of  1975  is  amended by
 6    changing Sections 13-3 and 13-4 as follows:

 7        (755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3)
 8        Sec. 13-3. Compensation of public administrator.
 9        (a)  In  counties  having  a  population  in  excess   of
10    1,000,000  The  public  administrator  shall pay all the fees
11    collected by the office into the county treasury. Each  year,
12    the  county  board  shall appropriate an amount to be paid to
13    the public  administrator  as  compensation  for  the  public
14    administrator's  performance  of  his  or her duties and such
15    compensation shall be paid at  a  minimum  level  of  $20,000
16    annually.   That amount shall be paid from the fees collected
17    by the office of the public administrator.  The county board
18    in  such  counties  shall  fix  the  amount  for  the  public
19    administrator's  compensation  and  necessary   clerk   hire,
20    assistants,  and  office  expense in the annual county budget
21    and appropriation ordinances, which shall be  paid  from  the
22    county  treasury.  In such counties All fees of the office of
23    public administrator are subject to audit  the  same  as  are
24    fees of other county officers.
25        (b)  On  or  before  December 31 of each year, the public
26    administrator shall file with the clerk of the circuit  court
27    in the county having jurisdiction, and with the Office of the
28    Comptroller of the State of Illinois, an annual report of all
29    moneys  received  and  disbursed  by the public administrator
30    under this  Section.  In  counties  having  a  population  of
31    1,000,000  or  less  the public administrator may receive all
 
SB561 Enrolled             -2-                 LRB9103080DJcd
 1    the fees of his office and shall bear the expenses  connected
 2    with the operation of such office.
 3    (Source: P.A. 89-135, eff. 7-14-95.)

 4        (755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)
 5        Sec.  13-4.  Powers  and duties of public administrator.)
 6    (a) When a person dies owning any real or personal estate  in
 7    this  State  and  there  is  no person in this State having a
 8    prior  right   to   administer   his   estate,   the   public
 9    administrator  of  the  county  of  which  the decedent was a
10    resident, or of the county in which his estate  is  situated,
11    if  the  decedent  was  a nonresident of this State, may take
12    such measures as he deems proper to protect  and  secure  the
13    estate  from  waste,  loss  or  embezzlement until letters of
14    office on the  estate  are  issued  to  the  person  entitled
15    thereto  or  until  a  demand for the removal of the personal
16    estate  from  this   State   is   made   by   a   nonresident
17    representative pursuant to the authority granted by this Act.
18    When   letters   of   office   are   issued   to  the  public
19    administrator, he has the same powers  and  duties  as  other
20    representatives  of  decedents'  estates appointed under this
21    Act until  he  is  discharged  or  his  authority  is  sooner
22    terminated by order of court. Whenever a public administrator
23    authorizes  the  sale of property by public auction, all bids
24    on the property must be sealed when submitted.
25        (b)  In  counties  having  a  population  in  excess   of
26    1,000,000  inhabitants,  A public administrator shall deposit
27    his files of cases in which he receives a discharge with  the
28    clerk  of  the  court  of the county in which he served or is
29    serving as such public administrator.
30    (Source: P.A.  80-808.)

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