2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article XVI - Recovery Of Property And Discovery Of Information

(755 ILCS 5/Art. XVI heading)
ARTICLE XVI
RECOVERY OF PROPERTY AND DISCOVERY OF
INFORMATION
(755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1)
Sec. 16-1. Citation on behalf of estate.
(a) Upon the filing of a
petition therefor by the representative or by any other person
interested in the estate or, in the case of an estate of a ward by any other
person, the court shall order a citation to
issue for the appearance before it of any person whom the petitioner
believes (1) to have concealed, converted or embezzled or to have in his
possession or control any personal property, books of account, papers or
evidences of debt or title to lands which belonged to a person whose
estate is being administered in that court or which belongs to his
estate or to his representative or (2) to have information or knowledge
withheld by the respondent from the representative and needed by the
representative for the recovery of any property by suit or otherwise.
The petition shall contain a request for the relief sought.
(b) The citation must be served not less than 10 days before the
return day designated in the citation and must be served and returned in
the manner provided for summons in civil cases.
If there is a personal representative who is not the respondent, notice of
the proceeding shall be given by mail or in person to the personal
representative not less than 5 days before the return day designated in the
citation.
(c) If the representative is the respondent, the court may appoint a
special administrator to represent the estate.  The court may permit the
special administrator to prosecute or defend an appeal.
(d) The court may examine the respondent on oath whether or not the
petitioner has proved the matters alleged in the petition, may hear the
evidence offered by any party, may determine all questions of title,
claims of adverse title and the right of property and may enter such
orders and judgment as the case requires. If the respondent refuses to
answer proper questions put to him or refuses to obey the court's order
to deliver any personal property or, if converted, its proceeds or
value, or books of account, papers or evidences of debt or title to
lands, the court may commit him to jail until he complies with the order
of the court or is discharged by due course of law and the court may
enforce its order against the respondent's real and
personal property in the manner in which judgments for the payment of
money are enforced. The court may tax the costs of the proceeding against
the respondent and enter judgment therefor against him.
(Source: P.A. 99-93, eff. 1-1-16; 99-497, eff. 1-29-16.)
(755 ILCS 5/16-2) (from Ch. 110 1/2, par. 16-2)
Sec. 16-2. 
		
		Personal property claimed by third party.)  Upon the
filing of a petition therefor by any person and upon such notice as the court may
direct, the court may order a representative having in his possession or control
any personal property, book of account, paper or evidence of title to land or of
debt which belongs to the petitioner to deliver the same to the petitioner or his
agent.  The court may hear the evidence offered by any party, may determine all
questions of title, claims of adverse title and the right of property and may enter
such orders and judgment as the case requires.
(Source: P.A. 79-328.)
(755 ILCS 5/16-3) (from Ch. 110 1/2, par. 16-3)
Sec. 16-3. 
		Trial by jury. 
		Upon the demand of a party to a proceeding
under Section 16-1 or 16-2, questions of title, claims of adverse title and the
right of property shall be determined by a jury.
(Source: P.A. 91-357, eff. 7-29-99.)