Public Act 0882 97TH GENERAL ASSEMBLY

SB2536 Enrolled LRB097 14725 AJO 59724 b

Public Act 097-0882

AN ACT concerning civil law.

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 13-4 as follows:

(755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4)

Sec. 13-4. Powers and duties of public administrator.) (a) When a person dies owning any real or personal estate in this State and there is no person in this State having a prior right to administer his estate, the public administrator of the county of which the decedent was a resident, or of the county in which his estate is situated, if the decedent was a nonresident of this State, may take such measures as he deems proper to protect and secure the estate from waste, loss or embezzlement until letters of office on the estate are issued to the person entitled thereto or until a demand for the removal of the personal estate from this State is made by a nonresident representative pursuant to the authority granted by this Act. When letters of office are issued to the public administrator, he has the same powers and duties as other representatives of decedents' estates appointed under this Act until he is discharged or his authority is sooner terminated by order of court.

(b) In counties having a population in excess of 1,000,000 inhabitants, a public administrator shall retain deposit his or her records in accordance with the Local Records Act files of cases in which he receives a discharge with the clerk of the court of the county in which he served or is serving as such public administrator.

(Source: P.A. 80-808.)

Effective Date: 1/1/2013