Public Act 93-0277

SB1347 Enrolled                      LRB093 02140 WGH 02147 b

    AN ACT concerning estate administration.

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

    Section  5.   The  Probate  Act  of  1975  is  amended by
changing Section 9-8 as follows:

    (755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
    Sec. 9-8.  Distribution on summary administration.)  Upon
the filing of a petition therefor in the court of the  proper
county  by  any  interested person and after ascertainment of
heirship of the decedent and admission of the will,  if  any,
to probate, if it appears to the court that:
    (a)  the  gross value of the decedent's real and personal
estate subject to administration in this State as itemized in
the petition does not exceed $100,000 $50,000;
    (b)  there is no unpaid claim against the estate, or  all
claimants  known  to the petitioner, with the amount known by
him to be due to each of them, are listed in the petition;
    (c)  no tax will be due to the United States or  to  this
State  by  reason  of  the  death of the decedent or all such
taxes have been paid or provided for or are the obligation of
another fiduciary;
    (d)  no person is entitled to  a  surviving  spouse's  or
child's  award  under  this  Act,  or a surviving spouse's or
child's award is allowable under this Act, and the  name  and
age  of  each  person  entitled to an award, with the minimum
award allowable under this Act to  the  surviving  spouse  or
child,  or  each of them, and the amount, if any, theretofore
paid to the spouse or child on such award, are listed in  the
petition;
    (e)  all   heirs   and  legatees  of  the  decedent  have
consented in writing to distribution of the estate on summary
administration (and if an heir  or  legatee  is  a  minor  or
disabled  person,  the  consent may be given on his behalf by
his parent, spouse, adult child,  person  in  loco  parentis,
guardian or guardian ad litem);
    (f)  each  distributee  gives  bond  in  the value of his
distributive share, conditioned to refund the due  proportion
of any claim entitled to be paid from the estate distributed,
including  the  claim  of  any person having a prior right to
such  distribution,  together  with  expenses  of   recovery,
including  reasonable  attorneys'  fees,  with  surety  to be
approved by the court.  If at any time  after  payment  of  a
distributive  share  it becomes necessary for all or any part
of the distributive share to be refunded for the  payment  of
any  claim entitled to be paid from the estate distributed or
to provide for a distribution to any person  having  a  prior
right  thereto,  upon  petition  of any interested person the
court shall order the distributee to refund that  portion  of
his  distributive share which is necessary for such purposes.
If there is  more  than  one  distributee,  the  court  shall
apportion  among  the  distributees the amount to be refunded
according to  the  amount  received  by  each  of  them,  but
specific and general legacies need not be refunded unless the
residue  is insufficient to satisfy the claims entitled to be
paid from the estate distributed.  If a  distributee  refuses
to  refund within 60 days after being ordered by the court to
do so and upon demand, the refusal is deemed a breach of  the
bond  and a civil action may be maintained by the claimant or
person having a prior right to  a  distribution  against  the
distributee  and  the surety or either of them for the amount
due  together  with  the  expenses  of  recovery,   including
reasonable  attorneys'  fees.  The  order  of  the  court  is
evidence of the amount due;
    (g)  the  petitioner has published a notice informing all
persons of the death of the decedent, of the  filing  of  the
petition   for   distribution   of   the  estate  on  summary
administration and of the date, time and place of the hearing
on the petition (the notice having been published once a week
for 3 successive weeks in a newspaper published in the county
where the petition has  been  filed,  the  first  publication
having  been made not less than 30 days prior to the hearing)
and has filed proof of publication  with  the  clerk  of  the
court;
    the court may determine the rights of claimants and other
persons  interested  in  the estate, direct payment of claims
and distribution of the estate on summary administration  and
excuse  the  issuance  of  letters  of  office  or revoke the
letters  which   have   been   issued   and   discharge   the
representative.
    Any  claimant  may file his claim in the proceeding at or
before the hearing on the petition, but failure to do so does
not deprive the claimant of his right to enforce his claim in
any other manner provided by law.
    A petition for distribution on summary administration may
be combined with or filed  separately  from  a  petition  for
probate of a will or for administration of an estate.
(Source: P.A. 81-1453.)