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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_HB0306eng
755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3
Amends the Letters of Administration Article of the
Probate Act of 1975. Makes various changes in the order of
preference for obtaining the issuance of letters of
administration. Effective immediately.
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1 AN ACT to amend the Probate Act of 1975 by changing
2 Section 9-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probate Act of 1975 is amended by
6 changing Section 9-3 as follows:
7 (755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
8 Sec. 9-3. Persons entitled to preference in obtaining
9 letters.) The following persons are entitled to preference in
10 the following order in obtaining the issuance of letters of
11 administration and of administration with the will annexed:
12 (a) The surviving spouse or any person nominated by him.
13 (b) The legatees or any person nominated by them, with
14 preference to legatees who are children.
15 (c) The children or any person nominated by them.
16 (d) The grandchildren or any person nominated by them.
17 (e) The parent of a minor or any person nominated by
18 that parent.
19 (f)(e) The parents or any person nominated by them.
20 (g)(f) The brothers and sisters or any person nominated
21 by them.
22 (h) The guardians of the estate of a minor or a disabled
23 adult, or any person nominated by those guardians.
24 (i) The guardians of the person of a minor or disabled
25 adult, or any person nominated by those guardians.
26 (j)(g) The nearest kindred or any person nominated by
27 them.
28 (k)(h) The representative of the estate of a deceased
29 ward.
30 (l)(i) The Public Administrator.
31 (m)(j) A creditor of the estate.
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1 Only a person qualified to act as administrator under
2 this Act may nominate, except that a person who is not
3 qualified to act as administrator solely because of
4 non-residence in this State may nominate in accordance with
5 the order of preference set forth in this Section if he is a
6 resident of the United States. A person who has been removed
7 as representative under this Act loses his right to name his
8 successor.
9 When several persons are claiming and are equally
10 entitled to administer or to nominate an administrator, the
11 court may grant letters to one or more of them or to the
12 nominee of one or more of them.
13 (Source: P.A. 85-692.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.