2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article X - Administrators To Collect

(755 ILCS 5/Art. X heading)
ARTICLE X
ADMINISTRATORS TO COLLECT
(755 ILCS 5/10-1) (from Ch. 110 1/2, par. 10-1)
Sec. 10-1. 
		
		Letters of administration to collect.) (a)
Upon the filing of a petition of any interested person or
upon its own motion, the court may issue letters of administration
to collect: (1) when any contingency happens which
is productive of delay in the issuance of letters of office
and it appears to the court that the estate of the decedent
is liable to waste, loss or embezzlement or (2) when a person
is missing from his usual place of residence and cannot
be located or while in military service is reported by the
federal government or an agency or department thereof as
missing or missing in action. In order to act as administrator
to collect one must be qualified to act as an administrator
under this Act.
(b) The selection of an administrator to collect for
the estate of a decedent is in the discretion of the
court, giving due consideration to the person named as executor
in the will or, if there is no will or if no executor is
named, to the preferences in Section 9-3. The selection of
an administrator to collect for the estate of a missing person
must be in accordance with the preferences in Section 9-3.
(Source: P.A. 79-328.)
(755 ILCS 5/10-2) (from Ch. 110 1/2, par. 10-2)
Sec. 10-2. 
		
		Petition for letters of administration to
collect.) A person desiring to have letters of administration to
collect issued on the estate of a deceased or missing person
must file a petition therefor in the court of the proper county.
The petition must state, if known:
(a) the name and place of residence of the decedent at the
time of his death or the name and last known address of the
missing person; (b) the time and place of the decedent's
death or in the case of a missing person the facts and circumstances
as to his being missing or reported as missing or missing in action;
(c) the approximate value of the decedent's or missing person's real and
personal estate in this State and the amount of his anticipated gross
annual income from his real estate in this State; (d) in the case
of a missing person, the names and post office addresses
of his nearest relatives in the following order: the spouse
and adult children, if any; if none, the parents and adult
brothers and sisters, if any; if none, the nearest adult
kindred; (e) the name and address of the person proposed
as administrator to collect; and (f) the reason for the
issuance of letters.
(Source: P.A. 79-328.)
(755 ILCS 5/10-3) (from Ch. 110 1/2, par. 10-3)
Sec. 10-3. 
		
		Administrator to collect for missing person - notice.)
When letters of administration to collect are sought for the estate of a
missing person, the petitioner must publish a notice of the
hearing on the petition once a week for 3 successive weeks, the first
publication to be not less than 30 days before the hearing. The notice
must state the time and place of the hearing, the name of the missing
person and his last known address and the name and address of each of
his relatives listed in the petition. Not less than 20 days before the
hearing, the petitioner must send a
copy of the petition and notice by mail
to the missing person at his last known address and to each of his
relatives whose name and address is listed in the petition. If it
appears to the court that the estate of a missing person is liable to
waste, loss or embezzlement, the court may appoint an administrator to
collect for a missing person without prior notice in which event the
administrator (a) must forthwith
publish a notice stating that the person named
was appointed administrator to collect of the estate of the missing
person and that the appointment will remain in effect unless application
to vacate the order is made on or before a date designated by the court,
the notice to be published once a week for 3 successive weeks, the first
publication to be not less than 30 days before the designated date, and
(b) not less than 20 days before the designated date, shall send a copy
of the petition and notice by mail to the missing person at his last
known address and to each of his relatives whose name and address are
listed on the petition. The notice required by this Section must be
published in a newspaper of general circulation published in the county
where the petition is filed.  The petitioner or administrator, as the
case may be, must file proof of mailing and publication with the clerk of the court.
(Source: P.A. 81-1453.)
(755 ILCS 5/10-4) (from Ch. 110 1/2, par. 10-4)
Sec. 10-4. 
		
		Powers and duties of administrator to collect.)
An administrator to collect has power to sue for and collect
the personal estate and debts due the decedent or missing
person and by leave of court to exercise the powers vested by
law in an administrator. The provisions of this Act relating
to the sale, mortgage and leasing of real and personal estate
by resident administrators are applicable to sales, mortgages,
and leasing of real and personal estate by administrators to
collect. A suit commenced by an administrator to collect
does not abate by the revocation of his letters either before
or after judgment in the trial or reviewing court, but his
successor as representative or the missing person if his survival
is established, may be substituted in his stead in the
proceedings. When authorized by the court, an administrator
to collect of the estate of a missing person may make disbursements
to or for the benefit of his spouse, his children, including
children by adoption, any person to whom he stood
in the acknowledged relation of a parent, any person related
to him by blood or marriage who is dependent upon or entitled
to support from him and anyone to whom the missing person is
indebted and may perform the contracts of the missing person
which were legally subsisting at the time of his disappearance
and execute and deliver a deed, bill of sale or other instrument.
(Source: P.A. 79-328.)
(755 ILCS 5/10-5) (from Ch. 110 1/2, par. 10-5)
Sec. 10-5. 
		
		Termination of powers.) On the issuance of
letters testamentary or of administration or the satisfactory
establishment of the survival and location of the missing person,
the powers of an administrator to collect cease and his letters
shall be revoked.
(Source: P.A. 79-328.)