Illinois Probate Act 755 ILCS 5/24-13: Accounting for a Deceased Representative or a Representative Under Legal Disability

A representative is a person appointed by an Illinois Probate Court to manage the estate of a deceased person and distribute the assets in the estate to the appropriate people. A representative, also called an administrator or an executor, has a great deal of responsibility such that the court will only allow a qualified person to manage the tasks. If a representative passes way or becomes legally disabled before he completes all of the tasks involved in the administration process, the Probate Court must reassign the responsibility to another person. However, the previous representative’s work must be settled and an accounting filed. If you are an interested in the administration of an estate where the representative is no longer capable of performing his or her duties, it is important that you understand the legalities involved, including the requirements of Illinois Probate Act, section 24-13- Accounting for a deceased representative or a representative under legal disability. Contact a skilled Chicago estate administration attorney at the Law Offices of Stephen Bilkis & Associates who has the experience and resources to guide you through the process.

According to the Illinois Probate Act, in order to act as an administrator of an estate, you must be at least 18 years old and a United States resident. In addition, you must not suffer from a mental incapacity or have been determined to suffer from a disability as defined in the Probate Act. If you have been convicted of a felony you may not act as an administrator.

If you would like to serve as administrator of a loved one’s estate, you must file a petition with the Probate Court. Only after your petition is approved by the court and letters issued you will have the legal authority to act on behalf of the decedent’s estate. To learn more about the process for petitioning the Probate Court to be appointed an administrator, contact an estate administration lawyer in Chicago.

After you have been appointed by the Probate Court to act as administrator, the court has the right to revoke your authority to act as administrator if your circumstances change, or if you do something that would disqualify you from being an administrator, including death, accepting the estate administrator position under false pretenses, mental incapacity, committing a felony, mismanagement or wasting of estate assets, failing to follow order of the court, not being capable of fulfilling the responsibilities, no longer being a resident of the United States, or any other good cause for removal. As an experienced Chicago estate administration lawyer will explain, any interested party such as a beneficiary or other fiduciary has the right to petition the court to remove an administrator.

In cases where a representative is disqualified after he or she has performed some activities related to managing an estate, an accounting must be filed on his or her behalf for the activities that have be completed. The accounting must give details regarding the inventory of the estate asset, income to the estate, disbursements from the estate, and distributions from the estate.

There are specific rules related to filing of an accounting for a deceased representative or a representative who is under legal disability. Under Illinois Probate Act, section 11a-2- "Person with a disability" defined, a "Person with a "Person with a disability" is an individual who:

• Has a mental deterioration or physical incapacity such that he or she is not fully able to manage his person or estate
• Has a mental illness or a developmental disability such that he or she is not fully able to manage his person or estate
• Because of gambling, idleness, debauchery or excessive use of intoxicants or drugs, spends or wastes his estate such that he or she exposes himself or his family to want or suffering
• Has been diagnosed with fetal alcohol syndrome or fetal alcohol effects

Under Illinois Probate Act, section 24-13- Accounting for a deceased representative or a representative under legal disability, if a representative dies or is determined to have a legal disability, the person or company that is the surety on his (or her) bond, his representative, or any of his heirs or beneficiaries may present an account in his behalf.

1. When estate does not exceed surviving spouse's award: Illinois Probate Act, 755 ILCS 5/24-7
2. Accounting to distributee: Illinois Probate Act, 755 ILCS 5/24-8
3. Reopening estate: Illinois Probate Act, 755 ILCS 5/24-9
4. Interest on property withheld by representative of decedent's estate: Illinois Probate Act, 755 ILCS 5/24-10
5. Duty to account - ward's estate: Illinois Probate Act, 755 ILCS 5/24-11
6. Termination of office of a representative of a ward: Illinois Probate Act, 755 ILCS 5/24-12
7. Accounting for a deceased representative or a representative under legal disability: Illinois Probate Act, 755 ILCS 5/24-13

If a representative dies or is adjudged to be under legal disability or is adjudged a person subject to involuntary admission or meeting the standard for judicial admission under the Mental Health and Developmental Disabilities Code before he is discharged, the surety on his bond or his representative or any of his heirs or legatees may present an account in his behalf.

The skilled estate administration attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients in a wide range of estate matters, and understand the requirements of the Illinois Probate Act, section 24-13- Accounting for a deceased representative or a representative under legal disability. 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.