SB1308 EnrolledLRB099 10478 HEP 30705 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 16-1 as follows:
6    (755 ILCS 5/16-1)  (from Ch. 110 1/2, par. 16-1)
7    Sec. 16-1. Citation on behalf of estate.)
8    (a) Upon the filing of a petition therefor by the
9representative or by any other person interested in the estate
10or, in the case of an estate of a ward by any other person, the
11court shall order a citation to issue for the appearance before
12it of any person whom the petitioner believes: (1) to have
13concealed, converted or embezzled or to have or had in his
14possession or control any assets, personal property, books of
15account, papers or evidences of debt or title to lands which
16belonged to a person whose estate is being administered in that
17court or which belongs to his estate or to his representative;
18or (2) to have information or knowledge withheld by the
19respondent from the representative and needed by the
20representative for the recovery of any property by suit or
21otherwise; or (3) may be liable to the estate of a ward
22pursuant to any civil cause of action. The petition shall
23contain a request for the relief sought.



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1    (b) The citation must be served not less than 10 days
2before the return day designated in the citation and must be
3served and returned in the manner provided for summons in civil
4cases. If there is a personal representative who is not the
5respondent, notice of the proceeding shall be given by mail or
6in person to the personal representative not less than 5 days
7before the return day designated in the citation.
8    (c) If the representative is the respondent, the court may
9appoint a special administrator to represent the estate. The
10court may permit the special administrator to prosecute or
11defend an appeal.
12    (d) The court may examine the respondent on oath whether or
13not the petitioner has proved the matters alleged in the
14petition, may hear the evidence offered by any party, may
15determine all questions of title, claims of adverse title and
16the right of property and may enter such orders and judgment as
17the case requires. If the respondent refuses to answer proper
18questions put to him or refuses to obey the court's order to
19deliver any personal property or, if converted, its proceeds or
20value, or books of account, papers or evidences of debt or
21title to lands, the court may commit him to jail until he
22complies with the order of the court or is discharged by due
23course of law and the court may enforce its order against the
24respondent's real and personal property in the manner in which
25judgments for the payment of money are enforced. The court may
26tax the costs of the proceeding against the respondent and



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1enter judgment therefor against him.
2(Source: P.A. 89-396, eff. 8-20-95.)