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Illinois Probate Act 755 ILCS 5/23-2: Removal

An estate administrator is the individual appointed by the probate court to manage the estate of a decedent. If the decedent left a will, the person is referred to as the executor. In order to serve as an estate administrator you must be qualified. If the person is not qualified the court will not issue him (or her) letters of administration even if he was named in the will as executor. Similarly, if an appointed administrator does something that disqualifies him from continuing to serve, the court will remove him. If you believe that the administrator or executor of the estate of a loved one should be removed, contact a Chicago probate administration lawyer who will listen to your concerns and explain the process of petitioning the court for removal.

Removal

An interested party can petition the probate court to remove an administrator or on its own motion the court can remove an administrator for any of the following reasons:

  • False pretenses. The administrator received his appointment under false pretenses.
  • Disability. The administrator is determined to have a disability, or was involuntarily committed.
  • Felony. The administrator committed a felony.
  • Mismanagement. The administrator wasted or mismanaged estate assets.
  • Endangered co-administrator. The administrator behaved in such a way as to put a co-administrator in danger.
  • Fails to follow court order. The administrator fails to follow an order of the court such as giving a surety bond or filing an accounting.
  • Avoids service of process. The administrator hides so that process cannot be served or notice cannot be given.
  • Incapable of service. The administrator becomes incapable or unsuitable for service.
  • Nonresident. The administrator becomes a nonresident of the United States.
  • Other good cause. As a Chicago probate administration lawyer will explain, the court can remove an administrator for any other good reason.

Upon removal of the administrator, his letters of administration will be revoked.

Resignation

An administrator may also resign. The process of resigning involves filing a petition with the probate court. Upon acceptance of the administrator’s resignation, the administrator’s letter will be revoked. While an administrator may petition the court to resign for a variety of reasons, common reasons include poor health, poor health of a close family member, or other family emergency. If an administrator does resign, the court may require him to submit an accounting of the work completed on the estate to date.

If the administrator resigns, the court must quickly appoint a new one. In the case of an executor who resigns, if the testator named a successor executor, the court will appoint that person as the executor to continue managing probate. Otherwise, the court will have to identify someone to appoint. To learn more about the appointment process of an executor, contact a probate administration attorney in Chicago.

Related Statutory Provisions
  1. Resignation: Illinois Probate Act, 755 ILCS 5/23-1
  2. Procedure on removal: Illinois Probate Act, 755 ILCS 5/23-3
  3. Letters revoked when will is produced: Illinois Probate Act, 755 ILCS 5/23-4
Illinois Probate Act, Section 23-2- Removal

(a) On petition of any interested person or on the court's own motion, the court may remove a representative if:

(1) the representative is acting under letters secured by false pretenses;

(2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a person with a disability;

(3) the representative is convicted of a felony;

(4) the representative wastes or mismanages the estate;

(5) the representative conducts himself or herself in such a manner as to endanger any co-representative or the surety on the representative's bond;

(6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so;

(7) the representative fails to file an inventory or accounting after being ordered by the court to do so;

(8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;

(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or

(10) there is other good cause.

(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.

Contact the Law Offices of Stephen Bilkis & Associates

If you are an interested party and believe that the administrator of the estate of a loved one should be removed, immediately contact a skilled probate administration attorney serving Chicago. The experienced attorneys at the Law Offices of Stephen Bilkis & Associates have the skill, knowledge and resources to help you file a petition for removal. Contact us at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.

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