 PART
1. ORGANIZATION |
|
9.1
ADMISSION OF WILL TO PROBATE WHEN HOLOGRAPHIC
OR IN LANGUAGE OTHER THAN ENGLISH | TOP |
(a) Holograph will. When
a will is handwritten, the petitioner shall
file a typewritten copy of the will along with
the petition to probate and an affidavit of
the petitioner or his attorney that the typewritten
copy is true and correct to the best of his
knowledge.
(b) Will in language
other than English. When a will
is in a language other than English, the
petitioner shall file a typewritten copy
of the will in English along with the petition
to probate and a certification by a qualified
translator that the translation of the will
is true and correct.
9.2
EXPENDITURES FROM WARD'S ESTATE | TOP |
(a) A petition
of a guardian to apply any part of the ward's
estate for the support, comfort, or education
of the ward or other person entitled to support
from his estate shall state the present value
of the estate, the annual income available
to the ward, and the purpose of the proposed
expenditure. It further shall list all payments
being received by the ward or by petitioner
either individually or as guardian on behalf
of the ward, including Social Security payments,
disability benefit payments from the Veteran's
Administration or other governmental agency
or department, relief or other assistance from
a charitable or relief organization, payment
from a trust, and from one having an obligation
to support the ward.
9.3
WITHDRAWAL OF WARD'S MONEY | TOP |
(a)
Petition to Withdraw. A petition to
withdraw funds deposited or invested, as
provided in Section 24-21 of the Probate
Act or pursuant to this rule, shall be presented
in person by the parent, spouse, person standing
in loco parentis, or person having the responsibility
of custody of the ward, unless personal presentation
is waived by the court. The petitioner may
be required to furnish evidence that the
sums to be withdrawn or proceeds of sale
or redemption are necessary for the ward's
support, comfort, education, or other benefit
to the ward or his dependents. Unless otherwise
excused by the court, within 30 days after
entry of the order for withdrawal, the petitioner
shall file receipts for all sums expended.
All unexpended funds shall be redeposited
in accordance with Section 2421 of the Probate
Act.
(b)
When minor beneficiary of decedent's estate. If
a minor is entitled to a distributive share
of a decedent's estate and:(1) the share
consists entirely of money, and(2) No guardian
has been appointed for his estate, the court,
upon a showing under oath that it is in the
best interests of the minor, may direct the
distributive share to be deposited and paid
out in accordance with Section 24-21 of the
Probate Act. A receipt of the bank or other
financial institution is a voucher for accounting
purposes.
(c)
When value of ward's estate less than small
estate. If the value of the ward's
estate being administered is or becomes less
than the small estate amount specified in
Section 25-2 of the Probate Act and no part
of the estate consists of real estate or
a pending cause of action for personal injuries,
a petition may be filed requesting the distribution
of the estate without further administration.
In the case of a disabled adult, application
shall be made by his guardian or by his spouse,
or if he has no spouse, by a relative having
responsibility for his support. In the case
of a minor, application shall be made by
his guardian or by a parent or a person standing
in loco parentis. If it appears that there
is no unpaid creditor and that it is for
the best interest of the estate and the ward,
the judge may order the guardian to file
his final account and make distribution as
the judge directs.
9.4
DISPOSITION OF CLAIMS-PROCEDURE | TOP |
(a)
Setting Claim for Hearing. When a
claim is filed, the court, or if the court
so designates, the clerk shall automatically
set the claim for a first hearing not less
than 35 days after the filing of the claim.
It is the duty of the claimant to give notice
of hearing on the claim and to cause proof
of said notice to be filed with the Clerk
of the Court.
(b)
Procedure on Hearing of Claim. On
the return date set for hearing of the claim,
the claim may be allowed, set for trial,
continued, or dismissed. If any objection
to the claim has been filed, on the return
date set under 9.4(a), the claim will be
allotted for hearing and the court shall
require at least fourteen (14) days notice
to be given by regular mail to the claimant
by the representative, the attorney for the
estate, or the Clerk of the Court.
9.5 DISMISSAL
FOR WANT OF ACTION | TOP |
Whenever the court determines
that there has been no activity in an estate
for a period of not less than (1) year (other
than one for independent administration), the
court may set the estate for status call and
direct the Clerk to give notice of the time,
date and place to the attorney of record, personal
representative, or both, at their last known
address. At the status call, if the court finds
that the estate is dormant and cannot be conveniently
terminated, it may dismiss the estate for want
of action or direct a citation issue to the
attorney of record, personal representative,
or both, pursuant to these rules.
9.6 PERIODIC
ACCOUNTING | TOP |
(a)
When required - executor/administrator. Every
executor and administrator shall present
the account and evidence of disbursements
required by Section 24-1 of the Probate Act:
(1) Within 60 days after the
expiration of 12 months after the issuance
of letters;
(2) Annually after the date
of the first account; and(3) At such other
times as the court may order.
(b)
When required - guardian. Every guardian
shall present the account and evidence required
by Section 24-11 of the Probate Act:
(1) Within 30 days after the
expiration of one year after the issuance of
letters;
(2) Annually after the date
of the first account;
(3) Within 30 days after the
termination of his office; and
(4) At such other times as
the court may order.
(c)
Requests for extension of time to file. Requests
for an extension of time to a definite date
or for an order allowing accounting in a
particular estate less frequently than above
provided shall be filed by verified petition
of the personal representative specifying
the reasons for the request.The petition
may be heard without notice if it requests
an extension:
(1) In any case in which it
appears from the record that an annual accounting
is not necessary;
(2) For any reason which is
apparent from the record of the estate and
which exists without fault of the petitioner;
(3) For other good cause.If
the petition seeks an extension for any other
reasons, the court shall set the petition for
hearing and the Clerk shall mail notice of
the hearing to all persons interested in the
administration of the estate, including all
unpaid creditors. The notice shall be mailed
at least 14 days prior to the hearing date.The
court shall consider the evidence presented
at the hearing by the petitioner and by any
person interested in the administration of
the estate. Lack of sufficient time on the
part of the personal representative or his
attorney will not constitute sufficient cause
for extension.If the prayer of the petition
is granted, the order shall set a definite
date for accounting.
(d)
Periodic accounting not filed - notice and
citation. In any case in which an
account has not been filed within the time
specified in paragraphs (a) and (b) above
or on the date certain set by court order,
the following procedure is prescribed:
(1) The clerk shall mail to
the attorneys of record in the estate a notice
that the account is due.
(2) If the account is not
presented within 60 days after the date such
notice was mailed, the Clerk shall issue a
citation directing the personal representative
to account as required or to appear on a date
fixed by the court to show cause why he should
not do so, or be removed as personal representative.
(3) If the personal representative
fails to account or to appear as directed,
or if, having appeared, he fails or refuses
to account as required or to show cause why
he should not do so, his letters shall be revoked
and he may be subject to contempt of court.
Lack of sufficient time on the part of the
personal representative or his attorney will
not constitute good cause for failure to account
as required by this rule.
(4) At the time of the issuance
of a citation required by this rule, the Clerk
shall mail notices of the pendency of the citation
proceeding, and return date thereof, to all
persons interested in the administration of
the estate, including unpaid creditors.
(e)
Notice of Accounting. Unless waived
by the person entitled thereto, notice of
the hearing on any account intended to be
binding pursuant to Section 24-2 or Section
24-1 1 (b) of the Probate Act, shall be given
as follows:
(1) On an account of a guardian
or guardian to collect: to the ward, to each
claimant whose claim is filed and remains undetermined
or unpaid, and to other persons entitled to
notice. If a person entitled to notice other
than the ward is represented by an attorney
whose appearance is on file, notice as required
for motions shall be sent to the attorney not
less than fourteen (14) days before the date
set for hearing.
(2) Notice to all other persons
entitled to notice shall be as follows:
(i) Notice, accompanied by
a copy of the account, shall be given in person
or sent by mail to the last known address not
less than 14 days before the hearing, except
if the post office address of the person is
outside the United States or Canada, the notice
shall be sent not less than 21 days prior to
the hearing.
(ii) If the name or present
post office address of the person is not known
to the representative or his or her attorney,
notice shall be given by one publication in
a newspaper of general circulation in the county
of the hearing not less than 21 days before
the date of hearing, unless waived by the court.
(iii) The notice shall contain
the time, date, place and nature of the hearing
in substantially the following sentence: "if
the account is approved by the judge upon hearing,
in the absence of fraud, accident or mistake,
the account as approved is binding upon all
persons to whom this notice is given."
9.7 INDEPENDENT
ADMINISTRATION-STATUS REPORT | TOP |
Whenever an order is entered
granting independent administration in a decedent's
estate pursuant to Section 28-2 of the Probate
Act, a status date shall be set for a date
certain 14 months after the entry of the order.
Upon the failure of counsel for the independent
representative to appear on that status date,
the court may dismiss the cause for want of
action. In the event that a case is dismissed,
the Clerk of the Court shall send notice as
provided in Rule 3.7(b) of these rules.
9.8 INACTIVE
DOCKET-GUARDIANS OF PERSON | TOP |
(a)
Guardian of person of minor. Upon
appointment of a guardian of the person of
a minor, the court may allot the cause for
status review for the date upon which the
minor attains majority or shortly thereafter
and transfer said cause to an inactive probate
docket.(b) Guardian of person of adult. Upon
appointment of a guardian of the person of
a disabled adult, the court may allot the
cause for status review for a date not to
exceed five (5) years after the appointment
of such guardian and transfer said cause
to an inactive probate docket. The Clerk
of the Court shall mail notice of such status
review to the last known attorney of record
or personal representative, or both, of the
time and place of the call of said estate.
Such notice shall be given not less than
fourteen (14) days nor more than twenty-eight
(28) days prior to such status review date.(c)
Reports by guardian of person. Upon transfer
of a cause as hereinabove provided to an
inactive probate docket, such guardian shall
not be required to file status reports with
the court except upon order of court.
9.9 SETTLEMENT
OF PERSONAL INJURY OR DEATH ACTION | TOP |
(a)
Petition for leave to settle. If a
petition for leave to settle a cause of action
for personal injuries sustained by a ward
or decedent or a cause of action for the
wrongful death of a person whose estate is
in the course of administration is presented
by a representative, his attorney shall certify
in writing, as a part of the petition, that
in his opinion, based upon the facts and
law, the proposed settlement is just and
proper.
(b)
Appointment of Guardian ad Litem. If
no attorney is employed by the representative,
the judge may, on his own motion, appoint
a Guardian ad Litem to investigate the merits
of the proposed settlement.
(c)
Notice of hearing. At least fourteen
(14) days notice of the hearing on the petition
for the appointment and distribution of the
proceeds of the settlement of an action for
the death of a decedent shall be given to
the surviving spouse and any next of kin
who have not consented thereto in writing.
The court shall appoint a Guardian ad Litem
for any minor or disabled adult next of kin
unless such appointment is not deemed necessary
for the protection of such person or his
estate.If the decedent left no surviving
spouse or next of kin entitled to recover,
notice of the filing of a petition for settlement
under the Wrongful Death Act and of the hearing
thereon shall be given by the representative
or his attorney to the persons named in paragraphs
(a), (b), and (c) of Section 2 of that Act,
including persons furnishing hospital, medical
or funeral services for the decedent, unless
payment for the services is shown.
(d)
Statement of attending physician required. No
settlement on behalf of a minor or disabled
adult will be authorized unless a statement
of the attending physician or surgeon is
filed with the petition stating the nature
and extent of the injury and the current
medical condition of the ward. Unless waived,
the minor shall appear in open court.
(e)
Court's approval of fee required. If
an attorney enters into a contingent fee
contract with a representative for prosecuting
a cause of action for personal injuries (other
than a claim under the Workmen's Compensation
Act or the Workmen's Occupational Disease
Act) or for death, such fee is subject to
the approval of the court.
(f)
Reimbursement of expenses. If an attorney
asks for any expense beyond his fee, he shall
furnish the court with his affidavit certifying
to the reasonableness, necessity, and propriety
of the expense. Reimbursement for expense
of an independent investigator will be allowed
only if his employment was necessary to prepare
the action and if payment is solely for services
rendered by the investigator in investigating
the action after the attorney was retained.
The court may order a hearing to determine
the propriety and reasonableness of the expense.
(g)
Disbursement of proceeds. If, as a
result of judgment or settlement, proceeds
become distributable to a minor or disabled
adult, the court hearing or settling the
case shall determine the expenses, proper
disbursements, and reasonable compensation
to be paid for attorney services, and the
judge may direct that the proceeds be deposited
or invested in accordance with the provisions
of Section 24-21 of the Probate Act without
the appointment of a personal representative
in a probate proceeding. If a personal representative
is necessary to execute settlement papers,
or if the court determines that a personal
representative is necessary to administer
the proceeds, then the proceeds shall be
distributed only to a personal representative
appointed in a probate proceedings.
9.10
ASSIGNMENT OF INTEREST | TOP |
(a)
Petition for approval. Each assignment
of interest or power of attorney with respect
to a distributee's interest in an estate
of a decedent may be presented to the court
for filing and approval. The petition for
approval shall be verified and state:
(1) The names and addresses
of the assignor and assignees;
(2) The nature and value of
the interest involved:
(3) In the case of an assignment,
the consideration, if any, paid or to be paid
the assignor, and the fees and expenses charged
or to be charged in connection therewith; and
(4) In the case of a power
of attorney, the fees and expenses charged
or to be charged by the attorney in fact and
his agents and representatives. If the court
finds that the consideration paid or to be
paid the assignor is inadequate or the fees
or expenses charged or to be charged are excessive
or for other good cause shown, the judge may
refuse to permit the assignment of interest
or power of attorney to be filed, or may approve
filing upon such terms as deemed just and equitable.
9.11
ATTORNEYS-IN-FACT AND REPRESENTATIVES OF FOREIGN
COUNTRIES
| TOP |
(a)
Payment of distributive share to citizen
and resident of foreign country. The
distributive share of a citizen and resident
of a foreign country may be paid to the official
representative of the foreign country (referred
to as "foreign representative"),
attorney-in-fact, or assignee of the distributee
if the foreign representative, attorney-in-fact,
or assignee is a bona fide resident of Illinois,
in the following manner:
(1) The foreign representative,
attorney-in-fact, or assignee shall present
satisfactory evidence that his principal is
the person entitled to receive the distributive
share. Each power of attorney or assignment
shall be signed by the distributes and properly
authenticated and acknowledged before an American
Consul, unless the judge is satisfied with
other evidence of the authenticity of the power
of attorney or assignment.
(2) The foreign representative
or attorney-in-fact shall present his petition
for leave to receive the share in the form
prescribed by the court.
(3) Unless waived by the court,
the foreign representative or attorney-in-fact
shall furnish bond with surety in an amount
set and in a form prescribed by the court,
and conditioned upon the payment and delivery
of the distributive share to the distributes.
(4) The foreign representative
or attorney-in-fact shall acknowledge receipt
in writing of the distributive share received
from the representative and shall certify in
the receipt that his authority to receive the
distributive share has not been revoked. The
representative shall file the receipt and certificate
with his vouchers.
(5) Within 90 days after entry
of the order or within such further time as
the court allows, the foreign representative
or attorney-in-fact shall present to the court
his report of compliance, with the receipt
of the distributee evidencing payment and delivery
of the distributive share.
(6) In the event of the failure,
refusal or inability of the foreign representative
or attorney-in-fact to pay and deliver the
distributive share to the distributee within
a 90-day period or within such further time
as the court allows, the distributive share
shall be deposited with the County Treasurer
subject to further order. Upon presentation
of receipt of the County Treasurer evidencing
the deposit of the distributive share, the
foreign representative or attorney-in-fact
will be discharged from further duty.
(7) If the attorney representing
the attorney-in-fact is not the attorney for
the estate, he shall file an affidavit stating
that he will properly supervise the distribution
of funds held by the attorney-in-fact.
| TOP | RETURN
TO INDEX |CONTINUE
TO APPENDIX |
|
