Last updated: 3/27/2020
Notice Of Rights Of Interested Persons {CC145}
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Description
IN THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS IN THE MATTER OF THE ESTATE OF _________________________________________ Deceased Case No._________________________________ NOTICE OF RIGHTS OF INTERESTED PERSONS DURING INDEPENDENT ADMINISTRATION AND FORM OF PETITION TO TERMINATE INDEPENDENT ADMINISTRATION A copy of an order is enclosed granting independent administration of decedent's estate. This means that the executor or administrator will not have to obtain Court orders or file estate papers in Court during probate. The estate will be administered without Court supervision, unless an interested person asks the Court to become involved. Under Section 28-4 of the Probate Act (Ill. Rev. Stat., Chap. 110 1/2, Par. 28-4) any interested person may terminate independent administration at any time by mailing or delivering a petition to terminate to the Clerk of the Court. However, if there is a will which directs independent administration, independent administration will be terminated only if the Court finds there is good cause to require supervised administration; and if the petitioner is a creditor or non-residuary legatee, independent administration will be terminated only if the Court finds that termination is necessary to protect the petitioner's interest. In addition to the right to terminate independent administration, any interested person may petition the Court to hold a hearing and resolve any particular question that may arise during independent administration, even though supervised administration has not been requested (Probate Act Section 28-5, Ill. Rev. Stat., Chap. 110 1/2, Par. 28-5). The independent representative must mail a copy of the estate inventory and final account to each interested person and must send notice to or obtain the approval of each interested person before the estate can be closed (Probate Act Sections 28-6 and 28-11, Ill. Rev. Stat., Chap. 110 1/2, Par. 28-6 and 28-11). Any interested person has the right to question or object to any item include din or omitted from an inventory or account or to insist on a full Court accounting of all receipts and disbursements with prior notice, as required in supervised administration (Probate Act Section 28-11, IL Rev. Stat., Chap. 110 1/2, Par. 28-11). (SEAL) Dated ____________________________________, 20___ ____________________________________ Independent Representative Rev. 07/16 CC145 American LegalNet, Inc. www.FormsWorkFlow.com
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