Petition To Terminate Independent Administration {3819}

COURT PETITION TO TERMINATE (INDEPENDENT ADMINISTRATION) COUNTY OF ...................................................... UNITED STATES OF AMERICA : STATE OF ILLINOIS : : 3819-1 (Rev. 12/04) Index No. COUNTY OF DU PAGE Calendar No. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT JUDICIAL SUBPOENA Plaintiff(s) RULE 110 -againstEXPLANATION OF RIGHTS : OF INTERESTED PERSONS : DURING INDEPENDENT ADMINISTRATION: FORM OF PETITION TO TERMINATE ADMINISTRATION : Defendant(s) : ...................................................... Rights of Interested Persons during Independent Administration; Form of Petition to Terminate Administration. THE PEOPLE OF THE STATE OF NEW YORK A copy of an order granting Independent Administration of decedent's estate is enclosed. This means that the executor or administrator will not have to obtain court orders or file estate papers in TO court during probate. The estate will be administered without court supervision, unless an interested person asks the court to become involved. GREETINGS: 28-4 of the Probate Act of 1975 (Illinois Compiled Statues 1991, 775 ILCS 5/28-4) Under section any interested person may petition the court to terminate Independent Administration at any time WE COMMAND YOU, that all business the excuses being laid aside, you and each of you by mailing or delivering a petition to terminate to and clerk of the court. However, if there is a will attend before , the Honorable Independent Administration, Independent Administration will be terminated only if at the Court which directs located at County of finds there is good cause to required Supervised Administration; and if the petitioner is a the court in room or nonresiduary legatee, Independent Administration will beo'clock in the , on the day of , 20 , at noon, and creditor terminated only if the courtat any recessed or adjourned date, to testify and give evidence as petitioner's interest. a witness in this action on the part of the finds that termination is necessary to protect the A petition in substantially the following form as shown on the reverse side may be used to Your failure to comply with this terminate Independent Administration. subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 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 Witness, Honorable , one of the Justices of the Administration, even though Supervised Administration has not been requested (Illinois Compiled Court in 1991, 775 ILCS 5/28-5). The Independent Administrator or Executor must mail a copy of County, day of , 20 Statutes 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 (Illinois Compiled Statues 1991, 775 ILCS 5/28-11). Any interested person has the right to question or object to any item (Attorney must sign above and type name below) included in or omitted from an inventory or account to insist on a full court accounting of all receipts and disbursements with prior notice as required in Supervised Administration (Illinois Compiled Statutes 1991, 775 ILCS 5/28-11). Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail CIRCUIT CHRIS KACHIROUBAS, CLERK OF THE 18TH JUDICIAL Address: COURT © Mobile Tel. No.: WHEATON, ILLINOIS 60189-0707 American LegalNet, Inc. www.USCourtForms.com COURT PETITION TO TERMINATE (INDEPENDENT ADMINISTRATION) COUNTY OF ...................................................... : 3819-2 (Rev. 12/04) Index No. : FORM OF PETITION TO TERMINATE INDEPENDENT ADMINISTRATION Calendar No. The petition below may be used to terminate independent administation: Plaintiff(s) -againstSTATE OF ILLINOIS UNITED STATES OF AMERICA : : : : JUDICIAL SUBPOENA COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT . . . . ESTATE OF IN RE.THE . . . . . . . . . Defendant(s) : . . . . . . . . . . . . . . . . . . . . .CASE. NUMBER . . . . . . . . ... ....... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: DECEASED File Stamp Here 1. On WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before PETITION TO TERMINATE INDEPENDENT ADMINISTRATION , the Honorable at the Court located at County of on oath states: in room , on the day of , 20 , at o'clock in the noon, and at any recessed 20 , an or adjourned date, to testify and give evidence as a witness in this action on, the part of the order was entered granting independent administration to as independent Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (executor) (administrator) the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to estate as 2. I am an interested person in this comply. (heir) Witness, Honorable (nonresiduary legatee) County, does not (residuary legatee) (creditor) , one of the Justices of the (representative) Court in *3. The will does day of , 20 direct independent administration (Attorney must sign above and type name below) 4. I request that independent administration be terminated. Name: DuPage Attorney No.: Attorney For: Address: City/State/Zip: Telephone: Attorney(s) for Signature of Petitioner Subscribed and Sworn before me Date: Office and P.O. Address Notary Public Circuit Court Clerk Telephone No.: Facsimile No.: E-Mail CIRCUIT CHRIS KACHIROUBAS, CLERK OF THE 18TH JUDICIAL Address: COURT © Mobile Tel. No.: WHEATON, ILLINOIS 60189-0707 American LegalNet, Inc. www.USCourtForms.com