(755 ILCS 5/9-10) (from Ch. 110 1/2, par. 9-10)
Sec. 9-10.
Omitted or unnotified heir.
If it appears after entry of
an order directing that original letters of office issue to an
administrator that a person entitled to notice under subsection (a) or (b)
of Section 9-5 or under Section 9-6 was omitted from the petition to issue
letters or, if included in the petition, that notice to him was not mailed
or published under subsection (a) or (b) of Section 9-5 or under Section
9-6, whichever is applicable, and that no waiver of notice was filed by the
omitted or unnotified person, an amended petition shall be filed under the
applicable Section or subsection which shall include the omitted or
unnotified person. A copy of the amended petition and the order directing
that original letters of office issue shall be mailed to or published for
the omitted or unnotified person, as provided in Section 9-5 or Section
9-6, as the case may be, in the same manner as if the order were entered at
the time the amended petition was filed. The original order directing that
letters of office issue to the administrator is effective as to the omitted
or unnotified person as of the date the amended petition is filed and is
effective as to all other persons, including creditors, as of the date of
entry of the original order.
(Source: P.A. 85-692.)
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