Illinois Probate Act 755 ILCS 5/10-4: Powers and Duties of Aadministrator to Collect

When someone is appointed executor or estate administrator, the Probate Court issues that person a document called “letters.” With the letters, the person named has the legal authority to act on behalf the estate of the decedent. There are, however, several different types of letters, including “letter of administration to collect.” Letters of administration to collect are a special type of letters that are issued by the Illinois Probate Court to appoint an administrator to care for the estate of a deceased person or missing person when something happens that leads to a delay in the issuance of letters of office. The purpose is to allow the administrator to make sure that the estate does not suffer a loss or become damaged because no one is caring for it. To learn more the circumstances that must exist for the Probate Court to issue letters of administration to collect, contact a skilled Chicago probate court attorney at the Law Offices of Stephen Bilkis & Associates who are experienced with complex estate administration matters.

A person desiring to have letters of administration to collect issued on the estate of a deceased or missing person must file a petition with the Probate Court in the county with jurisdiction, and the petition must include the following information, if it is known.

• Name of the decedent
• Place of residence of the decedent at the time of his or her death
• Name and last known address of the missing person
• Time and place of the decedent's death
• In the case of a missing person, the facts and circumstances as to his being missing
• Approximate value of the decedent's or missing person's Illinois estate
• Anticipated gross annual income from his Illinois real estate
• In the case of missing person, the names and post office addresses of his nearest relatives
• Name and address of the person proposed as administrator to collect
• Reason for the issuance of letters

To ensure that you meet all of the technical and procedural requirement for filing a petition for letters of administration to collection, contact an experienced Chicago probate court attorney.

The powers and duties of an administrator to collect are very specific and are different from other types of administrators. Under Illinois Probate Act, section 10-4- Powers and duties of administrator to collect, an administrator to collect has power to sue for and collect the personal estate and debts due the decedent or missing person. In addition, a lawsuit commenced by an administrator to collect does not abate by the revocation of the representative’s letters either before or after a resolution in the case. The representative’s successor as representative or the missing person if his survival is established, may be substituted in the proceedings.

When authorized by the court, an administrator to collect of the estate of a missing person may make disbursements to or for the benefit of his spouse, his children, any person related to him by blood or marriage who is dependent upon or entitled to support from him and anyone to whom the missing person is indebted and may perform the contracts of the missing person which were legally subsisting at the time of his disappearance and execute and deliver a deed, bill of sale or other instrument. If you have questions or concerns related to what an administrator to collect has the power to do, contact an experienced probate attorney in Chicago.

1. Letters of administration to collect : Illinois Probate Act, 755 ILCS 5/10-1
2. Petition for letters of administration to collect : Illinois Probate Act, 755 ILCS 5/10-2
3. Administrator to collect for missing person- notice : Illinois Probate Act, 755 ILCS 5/10-3

An administrator to collect has power to sue for and collect the personal estate and debts due the decedent or missing person and by leave of court to exercise the powers vested by law in an administrator. The provisions of this Act relating to the sale, mortgage and leasing of real and personal estate by resident administrators are applicable to sales, mortgages, and leasing of real and personal estate by administrators to collect. A suit commenced by an administrator to collect does not abate by the revocation of his letters either before or after judgment in the trial or reviewing court, but his successor as representative or the missing person if his survival is established, may be substituted in his stead in the proceedings. When authorized by the court, an administrator to collect of the estate of a missing person may make disbursements to or for the benefit of his spouse, his children, including children by adoption, any person to whom he stood in the acknowledged relation of a parent, any person related to him by blood or marriage who is dependent upon or entitled to support from him and anyone to whom the missing person is indebted and may perform the contracts of the missing person which were legally subsisting at the time of his disappearance and execute and deliver a deed, bill of sale or other instrument.

If you are an interested party in an estate where there is a delay in the issuance of letters, or where there is a missing person, it is important to understand the rules related to how to move forward with the administration process, including the requirements of the Illinois Probate Act, section 10-4- Powers and duties of administrator to collect. The skilled probate court attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates have years of experience representing clients in estate matters before the Illinois Probate Court, including complex matters involving delays in the issuance of letters, missing persons, and estate litigation. Contact an attorney in our office at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.