Illinois Probate Act 755 ILCS 5/10-3: Administrator to Collect for Missing Person - Notice

“Letter of administration to collect” are a special type of letters of administration 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 and it appears to the Probate Court that the estate of the decedent is liable to waste, loss or embezzlement, or when a person is missing from his or her residence or cannot be located while in the military service. To learn more about the procedural requirements related to the issuance of letters of administration, including the notice requirements of Illinois Probate Act, section 10-3- Administrator to collect for missing person - notice, 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.

Illinois Probate Act, section 10-3- Administrator to collect for missing person - notice, when petitioning the Probate Court for letters of administration to collection, there are procedural requirements that must be followed.

• In the case of missing person, the petitioner must publish a notice of the hearing on the petition once a week for 3 successive weeks. The first publication must occur not less than 30 days before the hearing.
• The notice must state the time and place of the hearing, the name of the missing person and his last known address and the name and address of each of his relatives listed in the petition.
• Not less than 20 days before the hearing, the petitioner must send a copy of the petition and notice by mail to the missing person at his or last known address and to each of his or he relatives whose name and address is listed in the petition.

Despite these notice requirements, it is important to understand that If it appears to the Probate Court that the estate of a missing person is liable to waste, loss or embezzlement, the court may appoint an administrator to collect for a missing person without prior notice. If this happens, the appointed administrator must immediately publish a notice stating that he or she was appointed administrator to collect of the estate of the missing person. This notice must be published once a week for 3 successive weeks, the first publication to be not less than 30 days before the designated date. In addition, the appointed administrator to collect must send a copy of the petition and notice by mail to the missing person at his last known address and to each of his relatives whose name and address are listed on the petition not less than 20 days before the designated date.

Because it is critical that all procedural requirements are met, contact an experienced probate court lawyer in Chicago to file your petition.

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. Powers and duties of administrator to collect: Illinois Probate Act, 755 ILCS 5/10-4

When letters of administration to collect are sought for the estate of a missing person, the petitioner must publish a notice of the hearing on the petition once a week for 3 successive weeks, the first publication to be not less than 30 days before the hearing. The notice must state the time and place of the hearing, the name of the missing person and his last known address and the name and address of each of his relatives listed in the petition. Not less than 20 days before the hearing, the petitioner must send a copy of the petition and notice by mail to the missing person at his last known address and to each of his relatives whose name and address is listed in the petition. If it appears to the court that the estate of a missing person is liable to waste, loss or embezzlement, the court may appoint an administrator to collect for a missing person without prior notice in which event the administrator (a) must forthwith publish a notice stating that the person named was appointed administrator to collect of the estate of the missing person and that the appointment will remain in effect unless application to vacate the order is made on or before a date designated by the court, the notice to be published once a week for 3 successive weeks, the first publication to be not less than 30 days before the designated date, and (b) not less than 20 days before the designated date, shall send a copy of the petition and notice by mail to the missing person at his last known address and to each of his relatives whose name and address are listed on the petition. The notice required by this Section must be published in a newspaper of general circulation published in the county where the petition is filed. The petitioner or administrator, as the case may be, must file proof of mailing and publication with the clerk of the court.

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 notice requirements of the Illinois Probate Act, section 10-3- Administrator to collect for missing person - notice. 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 attorneys at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.