Last updated: 11/25/2008
Petition To Terminate Independent Administration And Notice Of Rights {P1-PR-006}
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Description
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS Case No. IN THE MATTER OF THE ESTATE OF (DECEDENT): Name: Address: City, State, Zip: Date of Death: Place of Death: File Stamp PETITION TO TERMINATE INDEPENDENT ADMINISTRATION I, 1. On 2. I am an interested person in the estate as: Heir Non-Residuary Legatee Residuary Legatee Creditor Representative 3. The will does does not direct independent administration. executor administrator by mail on (date): (Check if no will.) . , certify: an Order was entered granting independent administration to , the Executor Administrator 4. I have notified the 5. I request that independent administration be terminated. Dated: Under penalties as provided by law pursuant to 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this petition are true and correct, except as to matters stated to be on information and belief and as to such matters the undersigned certifies that he/she verily believes the same to be true. Signature: Print Name: Address: City, State, Zip: P1-PR-006B (11/08) Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS Case No. IN THE MATTER OF THE ESTATE OF (DECEDENT): Name: Address: City, State, Zip: Date of Death: Place of Death: File Stamp 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 the 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 755 ILCS 5/28-4 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. A petition is substantially the form which is printed on the reverse side (or page 2) of this notice may be used to terminate independent administration. In addition to the right to terminate independent administration, any interested person may petition to Court to hold a hearing and resolve any particular question that may arise during independent administration, even though supervised administration has not been requested (755 ILCS 5/28-5). The independent representative must mail a copy of the estate inventory and final account to each interested person before the estate can be closed (755 ILCS 5/28.6 and 755 ILCS 5/28-11). Any interested person has the right to question or object to any item included in 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 on supervised administration (755 ILCS 5/28-11). Dated: Representative P1-PR-006A (11/08) Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com