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Form of Petition To Terminate Administration

This document discusses the rights of interested persons during independent administration of an estate in Illinois. It explains that any interested person may terminate independent administration at any time by filing a petition with the probate court. However, if there is a will directing independent administration, it will only be terminated if the court finds good cause for supervised probate. The document provides a sample petition form for terminating independent administration. Interested persons also have the right to question items in an estate inventory or accounting and insist on a full accounting with prior notice.

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40 views

Form of Petition To Terminate Administration

This document discusses the rights of interested persons during independent administration of an estate in Illinois. It explains that any interested person may terminate independent administration at any time by filing a petition with the probate court. However, if there is a will directing independent administration, it will only be terminated if the court finds good cause for supervised probate. The document provides a sample petition form for terminating independent administration. Interested persons also have the right to question items in an estate inventory or accounting and insist on a full accounting with prior notice.

Uploaded by

Qiydar The King
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Rights of Interested Persons During Independent Administration;

Form of Petition to Terminate Administration


A copy of an order is enclosed granting independent administration of decedent’s estate. This means that the executor or
administrator will not have to obtain court orders or file estate documents in court during probate. The estate will be administered
without court supervision, unless an interested person asks the court to become involved.

Under section 28-4 of the Probate Act of 1975 (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 nonresiduary legatee, independent administration will be terminated
only if the court finds that termination is necessary to protect the petitioner’s interest.

A petition in substantially the following form may be used to terminate independent administration:

In the Circuit Court of the _____ Judicial Circuit, _____ County, Illinois
(Or, In the Circuit Court of Cook County, Illinois)

In re Estate of _________________, Deceased


(name of decedent)
No. ______________

Petition to Terminate Independent Administration

________________________, on oath states:

1. On ___________________________ ____, 20___, an order was entered granting independent administration to


____________________ as independent _______________________________.
(executor) (administration)

2. I am an interested person in this estate as _____________________________________________________________.


(heir) (nonresiduary legatee) (residuary legatee) (creditor) (representative)

3. The will _____________________ direct independent administration.


(does) (does not)

4. I request that independent administration be terminated.

______________________________
(Signature of petitioner)

Signed and sworn to before me

_________________________, 20___

_______________________________
Notary Public

*Strike if no will.

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 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
interesred person and must send notice to or obtain the approval of each interested person before the estate can be closed (755 ILCS
5/28-6. 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 in supervised
administration (755 ILCS 5/28-11).

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