9.1 Admission of Will to Probate
(a) Holograph will. When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his attorney that the typewritten copy is true and correct to the best of his knowledge.
(b) Will in language other than English.When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.
9.2 Expenditures From Ward's Estate
(a) A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran's Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payment from a trust, and from one having an obligation to support the ward.
9.3 Withdrawal of Ward's Money
(a) Petition to Withdraw. A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Probate Act or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court. The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents. Unless otherwise excused by the court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended. All unexpended funds shall be redeposited in accordance with Section 2421 of the Probate Act.
(b) When minor beneficiary of decedent's estate. If a minor is entitled to a distributive share of a decedent's estate and:(1) the share consists entirely of money, and(2) No guardian has been appointed for his estate, the court, upon a showing under oath that it is in the best interests of the minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Probate Act. A receipt of the bank or other financial institution is a voucher for accounting purposes.
(c) When value of ward's estate less than small estate. If the value of the ward's estate being administered is or becomes less than the small estate amount specified in Section 25-2 of the Probate Act and no part of the estate consists of real estate or a pending cause of action for personal injuries, a petition may be filed requesting the distribution of the estate without further administration. In the case of a disabled adult, application shall be made by his guardian or by his spouse, or if he has no spouse, by a relative having responsibility for his support. In the case of a minor, application shall be made by his guardian or by a parent or a person standing in loco parentis. If it appears that there is no unpaid creditor and that it is for the best interest of the estate and the ward, the judge may order the guardian to file his final account and make distribution as the judge directs.
9.4 Disposition of Claims-Procedure
(a) Setting Claim for Hearing. When a claim is filed, the court, or if the court so designates, the clerk shall automatically set the claim for a first hearing not less than 35 days after the filing of the claim. It is the duty of the claimant to give notice of hearing on the claim and to cause proof of said notice to be filed with the Clerk of the Court.
(b) Procedure on Hearing of Claim. On the return date set for hearing of the claim, the claim may be allowed, set for trial, continued, or dismissed. If any objection to the claim has been filed, on the return date set under 9.4(a), the claim will be allotted for hearing and the court shall require at least fourteen (14) days notice to be given by regular mail to the claimant by the representative, the attorney for the estate, or the Clerk of the Court.
9.5 Dismissal For Want of Action
Whenever the court determines that there has been no activity in an estate for a period of not less than (1) year (other than one for independent administration), the court may set the estate for status call and direct the Clerk to give notice of the time, date and place to the attorney of record, personal representative, or both, at their last known address. At the status call, if the court finds that the estate is dormant and cannot be conveniently terminated, it may dismiss the estate for want of action or direct a citation issue to the attorney of record, personal representative, or both, pursuant to these rules.
9.6 Periodic Accounting
(a) When required - executor/administrator. Every executor and administrator shall present the account and evidence of disbursements required by Section 24-1 of the Probate Act:
(1) Within 60 days after the expiration of 12 months after the issuance of letters;
(2) Annually after the date of the first account; and(3) At such other times as the court may order.
(b) When required - guardian. Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act:
(1) Within 30 days after the expiration of one year after the issuance of letters;
(2) Annually after the date of the first account;
(3) Within 30 days after the termination of his office; and
(4) At such other times as the court may order.
(c) Requests for extension of time to file.Requests for an extension of time to a definite date or for an order allowing accounting in a particular estate less frequently than above provided shall be filed by verified petition of the personal representative specifying the reasons for the request.The petition may be heard without notice if it requests an extension:
(1) In any case in which it appears from the record that an annual accounting is not necessary;
(2) For any reason which is apparent from the record of the estate and which exists without fault of the petitioner;
(3) For other good cause.If the petition seeks an extension for any other reasons, the court shall set the petition for hearing and the Clerk shall mail notice of the hearing to all persons interested in the administration of the estate, including all unpaid creditors. The notice shall be mailed at least 14 days prior to the hearing date.The court shall consider the evidence presented at the hearing by the petitioner and by any person interested in the administration of the estate. Lack of sufficient time on the part of the personal representative or his attorney will not constitute sufficient cause for extension.If the prayer of the petition is granted, the order shall set a definite date for accounting.
(d) Periodic accounting not filed - notice and citation. In any case in which an account has not been filed within the time specified in paragraphs (a) and (b) above or on the date certain set by court order, the following procedure is prescribed:
(1) The clerk shall mail to the attorneys of record in the estate a notice that the account is due.
(2) If the account is not presented within 60 days after the date such notice was mailed, the Clerk shall issue a citation directing the personal representative to account as required or to appear on a date fixed by the court to show cause why he should not do so, or be removed as personal representative.
(3) If the personal representative fails to account or to appear as directed, or if, having appeared, he fails or refuses to account as required or to show cause why he should not do so, his letters shall be revoked and he may be subject to contempt of court. Lack of sufficient time on the part of the personal representative or his attorney will not constitute good cause for failure to account as required by this rule.
(4) At the time of the issuance of a citation required by this rule, the Clerk shall mail notices of the pendency of the citation proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
(e) Notice of Accounting. Unless waived by the person entitled thereto, notice of the hearing on any account intended to be binding pursuant to Section 24-2 or Section 24-1 1 (b) of the Probate Act, shall be given as follows:
(1) On an account of a guardian or guardian to collect: to the ward, to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than fourteen (14) days before the date set for hearing.
(2) Notice to all other persons entitled to notice shall be as follows:
(i) Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 14 days before the hearing, except if the post office address of the person is outside the United States or Canada, the notice shall be sent not less than 21 days prior to the hearing.
(ii) If the name or present post office address of the person is not known to the representative or his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 21 days before the date of hearing, unless waived by the court.
(iii) The notice shall contain the time, date, place and nature of the hearing in substantially the following sentence: "if the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."
9.7 Independent Administration-Status Report
Whenever an order is entered granting independent administration in a decedent's estate pursuant to Section 28-2 of the Probate Act, a status date shall be set for a date certain 14 months after the entry of the order. Upon the failure of counsel for the independent representative to appear on that status date, the court may dismiss the cause for want of action. In the event that a case is dismissed, the Clerk of the Court shall send notice as provided in Rule 3.7(b) of these rules.
9.8 Inactive Docket - Guardians of Person
(a) Guardian of person of minor. Upon appointment of a guardian of the person of a minor, the court may allot the cause for status review for the date upon which the minor attains majority or shortly thereafter and transfer said cause to an inactive probate docket.(b) Guardian of person of adult. Upon appointment of a guardian of the person of a disabled adult, the court may allot the cause for status review for a date not to exceed five (5) years after the appointment of such guardian and transfer said cause to an inactive probate docket. The Clerk of the Court shall mail notice of such status review to the last known attorney of record or personal representative, or both, of the time and place of the call of said estate. Such notice shall be given not less than fourteen (14) days nor more than twenty-eight (28) days prior to such status review date.(c) Reports by guardian of person. Upon transfer of a cause as hereinabove provided to an inactive probate docket, such guardian shall not be required to file status reports with the court except upon order of court.
9.9 Settlement of Personal Injury of Death Action
(a) Petition for leave to settle. If a petition for leave to settle a cause of action for personal injuries sustained by a ward or decedent or a cause of action for the wrongful death of a person whose estate is in the course of administration is presented by a representative, his attorney shall certify in writing, as a part of the petition, that in his opinion, based upon the facts and law, the proposed settlement is just and proper.
(b) Appointment of Guardian ad Litem. If no attorney is employed by the representative, the judge may, on his own motion, appoint a Guardian ad Litem to investigate the merits of the proposed settlement.
(c) Notice of hearing. At least fourteen (14) days notice of the hearing on the petition for the appointment and distribution of the proceeds of the settlement of an action for the death of a decedent shall be given to the surviving spouse and any next of kin who have not consented thereto in writing. The court shall appoint a Guardian ad Litem for any minor or disabled adult next of kin unless such appointment is not deemed necessary for the protection of such person or his estate.If the decedent left no surviving spouse or next of kin entitled to recover, notice of the filing of a petition for settlement under the Wrongful Death Act and of the hearing thereon shall be given by the representative or his attorney to the persons named in paragraphs (a), (b), and (c) of Section 2 of that Act, including persons furnishing hospital, medical or funeral services for the decedent, unless payment for the services is shown.
(d) Statement of attending physician required. No settlement on behalf of a minor or disabled adult will be authorized unless a statement of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury and the current medical condition of the ward. Unless waived, the minor shall appear in open court.
(e) Court's approval of fee required. If an attorney enters into a contingent fee contract with a representative for prosecuting a cause of action for personal injuries (other than a claim under the Workmen's Compensation Act or the Workmen's Occupational Disease Act) or for death, such fee is subject to the approval of the court.
(f) Reimbursement of expenses.If an attorney asks for any expense beyond his fee, he shall furnish the court with his affidavit certifying to the reasonableness, necessity, and propriety of the expense. Reimbursement for expense of an independent investigator will be allowed only if his employment was necessary to prepare the action and if payment is solely for services rendered by the investigator in investigating the action after the attorney was retained. The court may order a hearing to determine the propriety and reasonableness of the expense.
(g) Disbursement of proceeds.If, as a result of judgment or settlement, proceeds become distributable to a minor or disabled adult, the court hearing or settling the case shall determine the expenses, proper disbursements, and reasonable compensation to be paid for attorney services, and the judge may direct that the proceeds be deposited or invested in accordance with the provisions of Section 24-21 of the Probate Act without the appointment of a personal representative in a probate proceeding. If a personal representative is necessary to execute settlement papers, or if the court determines that a personal representative is necessary to administer the proceeds, then the proceeds shall be distributed only to a personal representative appointed in a probate proceedings.
9.10 Assignment of Interest
(a) Petition for approval. Each assignment of interest or power of attorney with respect to a distributee's interest in an estate of a decedent may be presented to the court for filing and approval. The petition for approval shall be verified and state:
(1) The names and addresses of the assignor and assignees;
(2) The nature and value of the interest involved:
(3) In the case of an assignment, the consideration, if any, paid or to be paid the assignor, and the fees and expenses charged or to be charged in connection therewith; and
(4) In the case of a power of attorney, the fees and expenses charged or to be charged by the attorney in fact and his agents and representatives. If the court finds that the consideration paid or to be paid the assignor is inadequate or the fees or expenses charged or to be charged are excessive or for other good cause shown, the judge may refuse to permit the assignment of interest or power of attorney to be filed, or may approve filing upon such terms as deemed just and equitable.
9.11 Attorneys-In-Fact And Reps. of Foreign Countries
(a) Payment of distributive share to citizen and resident of foreign country. The distributive share of a citizen and resident of a foreign country may be paid to the official representative of the foreign country (referred to as "foreign representative"), attorney-in-fact, or assignee of the distributee if the foreign representative, attorney-in-fact, or assignee is a bona fide resident of Illinois, in the following manner:
(1) The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that his principal is the person entitled to receive the distributive share. Each power of attorney or assignment shall be signed by the distributes and properly authenticated and acknowledged before an American Consul, unless the judge is satisfied with other evidence of the authenticity of the power of attorney or assignment.
(2) The foreign representative or attorney-in-fact shall present his petition for leave to receive the share in the form prescribed by the court.
(3) Unless waived by the court, the foreign representative or attorney-in-fact shall furnish bond with surety in an amount set and in a form prescribed by the court, and conditioned upon the payment and delivery of the distributive share to the distributes.
(4) The foreign representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the representative and shall certify in the receipt that his authority to receive the distributive share has not been revoked. The representative shall file the receipt and certificate with his vouchers.
(5) Within 90 days after entry of the order or within such further time as the court allows, the foreign representative or attorney-in-fact shall present to the court his report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.
(6) In the event of the failure, refusal or inability of the foreign representative or attorney-in-fact to pay and deliver the distributive share to the distributee within a 90-day period or within such further time as the court allows, the distributive share shall be deposited with the County Treasurer subject to further order. Upon presentation of receipt of the County Treasurer evidencing the deposit of the distributive share, the foreign representative or attorney-in-fact will be discharged from further duty.
(7) If the attorney representing the attorney-in-fact is not the attorney for the estate, he shall file an affidavit stating that he will properly supervise the distribution of funds held by the attorney-in-fact.