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Illinois Probate Act 755 ILCS 5/24-16: Citation - Attachment

The process of estate administration begins when someone petitions the court to be named estate administrator and the court grants the petition, issuing the petitioner letters of administration. The responsibility of the administrator is significant, as he (or she) must manage the estate property and take all the steps required to settle the decedent’s affairs and transfer title of the decedent’s property to the appropriate people. Throughout the process the administrator must act in the best interests of the estate, beneficiaries, and heir, and must follow orders of the Probate Court. If you have questions about the duties and responsibilities of an estate administrator, including the requirements of Illinois Probate Act, section 24-16- Citation - attachment, contact a skilled Chicago estate attorney at the Law Offices of Stephen Bilkis & Associates.

Responsibility of the Administrator

The estate administrator is responsible for the following activities with respect to the decedent’s estate.

Inventory. Once letters of administration are issued to the administrator, the representative has a duty to take control of the estate’s assets. Ideally, people in possession of estate assets will turn them over to the administrator voluntarily when presented with the letter of administration. The administrator must take inventory of all the estate’s personal property and real estate. The court may require that the administrator submit an inventory of the estate assets as well as their appraised value to the court. In addition, as an experienced Chicago estate attorney will explain, the administrator is also responsible for safeguarding the estate ad preventing waste.

Pay creditors. The administrator must pay debts owed by the estate. In some cases the estate may not have enough assets to pay all creditors. When this is the case, the administrator must make decisions as to which creditors to pay first based on the different levels of creditor priority. For example, the highest level of priority includes funeral and burial expenses and administration expenses.

Distribute assets and settlement. The administrator must distribute assets to beneficiaries (if there is a will) or heirs (in the absence of a will). Under Illinois Probate Act, section 24-16- Citation – attachment, if the administrator does not make settlement within the timeframe required, the court may order a citation to issue directing the administrator to each make settlement or to appear in court to show cause why settlement is not made. If the administrator fails to appear before the court, the court may order an attachment to issue requiring the sheriff to bring the administrator to court. If the administrator still fails to make settlement he or she may be dealt with as for contempt and may be removed as representative.

To learn more about the estate settlement process and the duties of the representative, contact an experienced estate lawyer in Chicago.

Related Statutory Provisions
  1. Accounting by surety on bond of representative: Illinois Probate Act, 755 ILCS 5/24-14
  2. Stating an account: Illinois Probate Act, 755 ILCS 5/24-15
  3. Devastavit: Illinois Probate Act, 755 ILCS 5/24-17
  4. Liability for mismanagement: Illinois Probate Act, 755 ILCS 5/24-18
Illinois Probate Act, Section 24-16- Citation - Attachment

(a) If the representative fails or refuses to make settlement within 30 days after the expiration of the time provided by this Act, the court may order a citation to issue directing the respondent to appear on the return day designated in the citation and to make settlement of the estate or to show cause why settlement is not made. The citation must be served not less than 10 days before the return day designated in the citation and be served and returned in the manner provided for summons in civil cases. If the respondent appears in court on the return of the citation and fails or refuses to make settlement within the time ordered by the court or to show cause why settlement is not made, he may be dealt with as for contempt and may be removed as representative.

(b) If after being served with the citation, the respondent fails to appear before the court on the return day designated in the citation, the court may order an attachment to issue requiring the sheriff to bring the body of the respondent before the court forthwith. If after having been so attached, the respondent fails to make settlement under the order of the court he may be dealt with as for contempt and may be removed as representative.

(c) If a representative fails or refuses to pay any money or deliver any property to a person entitled thereto in pursuance of the lawful order of the court within 30 days after demand therefor is made upon the representative, except for good cause shown, on the petition of any interested party or on the court's own motion, the court may order an attachment to issue requiring the sheriff to bring the body of the respondent before the court forthwith and may commit him to jail until he complies with the order of the court or until he is discharged by due course of law and may remove him as representative.

(d) The costs of the citation and attachment shall be paid by the delinquent respondent and the court may enter judgment therefor.

Contact the Law Offices of Stephen Bilkis & Associates

The skilled estate attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates have over two decades of experience representing clients in a wide range of estate matters, and understand the requirements of the Illinois Probate Act, section 24-16- Citation - attachment. If you have questions or concerns related to the duties and responsibilities of an estate administrator or executor relating to settling an account, or any other matter related to estate administration, estate litigation, or fiduciary responsibility, 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.

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