2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article XXII - Nonresident Representative

(755 ILCS 5/Art. XXII heading)
ARTICLE XXII
NONRESIDENT REPRESENTATIVE
(755 ILCS 5/22-1) (from Ch. 110 1/2, par. 22-1)
Sec. 22-1. 
		
		Power to collect and remove personal estate.)
A representative to whom letters are issued on the estate of a nonresident decedent
or ward by a court of competent jurisdiction of any other state,
territory, country or the District of Columbia may collect and receive any
personal estate in this State of the decedent or ward and
remove it to the jurisdiction in which his letters are issued upon delivering
to the person or corporation indebted to or holding the personal estate of the
decedent or ward, the following:  (a)  an affidavit by the representative
that to his knowledge no letters, which have been issued upon the petition
of an heir, legatee
or creditor of the decedent or kindred of the ward, are then outstanding
on the estate in this
State, no petition for letters by an heir, legatee or creditor of the decedent or
kindred of the ward is pending on the estate in this State, and there are no
creditors of the estate in this State, and (b) a copy of his letters certified within 60
days before the date of presentation.  Upon payment or delivery of the assets,
after receipt of the affidavit and certified copy, the person or corporation
is released to the same extent as if the payment or delivery had been made to a
legally qualified resident representative and is not required to see to the
application or disposition of the property; but no payment or delivery may be made
sooner than 30 days after decedent's death.
(Source: P.A. 79-328.)
(755 ILCS 5/22-2) (from Ch. 110 1/2, par. 22-2)
Sec. 22-2. 
		
		Transfer of estate of nonresident ward to nonresident representative
when letters issued in this State.)  If it appears to the court of this State which has
appointed a representative of the estate of a nonresident ward that
the removal of the ward's estate will not conflict with the interest of
the ward, the terms of
limitations attending the right by which the ward owns the estate or the
rights of creditors, the
court may order the resident representative to pay and deliver to the nonresident
representative the whole
or any part of the ward's estate.  The order may be entered only upon petition
of the nonresident representative and the production of a copy of his letters
authenticated
within 60 days before the date of presentation.  Unless excused by the court for
good cause shown, 10 days' notice of the hearing on the petition shall be given
to the resident representative.
(Source: P.A. 79-328.)
(755 ILCS 5/22-3) (from Ch. 110 1/2, par. 22-3)
Sec. 22-3. 
		
		Right to sue.)  If no letters are issued in this State upon
the estate of a nonresident decedent or ward, a representative to whom letters
are issued
on the estate by a court of competent jurisdiction of any other state, territory,
country
or the District of Columbia may sue in this State in any case in which a
resident representative may sue.  The court in which the suit is filed
may order the nonresident representative to give bond for costs as in case of other
nonresidents.
(Source: P.A. 79-328.)
(755 ILCS 5/22-4) (from Ch. 110 1/2, par. 22-4)
Sec. 22-4. 
		
		Lease, sale or mortgage of real or personal estate.)  (a)  If
no letters are issued in this State upon the estate of a decedent who at
the time of his death owned
real or personal estate or any interest therein within this State or upon the estate
of a ward who owns real or personal estate or any interest therein
within this State and if any person is appointed in any other state,
territory, country or the District of Columbia as representative
of the estate of the decedent or as guardian, conservator, committee or in
any like capacity for the ward, the person so appointed may file his
petition for leave to lease, sell or mortgage the real or personal estate
or the mining, oil or gas rights or other interest therein for any of the purposes
for which a representative appointed in this State may lease, sell
or mortgage under this Act or for such other purposes as the court which
appointed such person
may direct.  A petition under this Section must be filed in the court of the county
in which the personal estate, or the greater part thereof, or the real estate,
or the greater part thereof, as the case may
be, may be located.
(b) The nonresident representative must file with the petition:  (1)
a copy of his letters authenticated within 60 days before the date of presentation, (2)
an authenticated copy of the order of the court which issued letters to
him authorizing him to
apply to a court in this State for leave to lease, sell or mortgage the property,
(3) an authenticated copy of any bond required by the court which issued letters to him
and (4) an authenticated copy of the order of the court
which issued letters to him approving any bond required to be filed.
(c) The practice and procedure in the proceedings
commenced by a nonresident representative
are the same, as near as may be, as the practice and procedure in similar
proceedings brought
by resident representatives.
(Source: P.A. 79-328.)
(755 ILCS 5/22-5) (from Ch. 110 1/2, par. 22-5)
Sec. 22-5. 
		
		Letters issued in this State.)  If after any proceedings
are commenced by a nonresident representative under Section 22-3 or 22-4,
letters are issued on the estate of the decedent or ward in this State,
on motion the resident representative shall be substituted as petitioner in
the proceedings, which shall be heard and determined as if originally instituted
by the resident representative and the benefits of the judgment or order shall
inure to him and are assets in his hands.
(Source: P.A. 79-328.)
(755 ILCS 5/22-6) (from Ch. 110 1/2, par. 22-6)
Sec. 22-6. 
		
		Deed by foreign executor under will.)  A deed
executed under the power vested in a representative to whom letters of office
were issued
by any court of competent jurisdiction in any other state of the United States
or the District of Columbia under a foreign will admitted to probate in that
jurisdiction is evidence of title in the grantee to the same extent
as was vested in the testator at the time of his death, if the will is admitted
to probate in the court of the proper county in this State before delivery
of the deed, unless letters of office on the estate of the decedent have
been issued in this State and remain unrevoked.
(Source: P.A. 79-328.)