12.13 Accounts


(a) In each estate in which an account is filed in court:

(i) The account shall consist of the following five sections:

Receipts, Disbursements, Distributions, Recapitulation and Assets On Hand at the end of the period of the account.

(ii) Each asset listed in the account shall be designated by the number assigned to it as an asset on hand at the end of the accounting period of the preceding account or, if none, the number assigned to it in the inventory, or supplemental inventory in which it first appeared. Distribution of an item or conversion into cash or other disposition need be reported only in the first account after completion of the transaction. Each receipt attributable to an asset shall be reported under the asset in the Receipts section of the account. The total of all receipts reported shall be shown at the end of the Receipts section.

(iii) Each disbursement reported in the account shall be numbered and sufficiently identified, shall show the date, the name of recipient, the purpose and the amount of the disbursement and shall, in the estate of a ward, show the date of the court order authorizing the disbursement. All disbursements shall be reported in the following categories in the Disbursements section of the account: Administration Expenses, Taxes, Fees, Investment Purchases and Other Disbursements. The total of all disbursements reported shall be shown at the end of the Disbursements Section.

(iv) The account shall disclose the pendency of any litigation to which the estate is a party.

(v) In accounting for the income and disbursements with respect to an unincorporated business, real estate or beneficial interest in real estate in the possession of the representative, the representative shall report only total receipts and disbursements of the operation but shall retain all supporting vouchers.

(vi) The account shall include a numbered list of the assets on hand at the end of the period of the account and shall show the market value of each marketable security and the estimated value of each other income producing asset. If an asset listed is being assigned a number different from that used in the "Receipts" section, a cross reference to the latter number shall be included.

(vii) Notice of the hearing on an account, accompanied by a copy of the account, shall be given not less than 10 days before the hearing to each person entitled to a share of the estate who has not received his distributive share in full and to all other persons entitled to notice who has not waived notice and approved the account.

(viii) Each notice shall contain the time, place and nature of the hearing and substantially the following sentence: If the account is approved by the court upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to who this notice is given.

(b) In supervised administration of a decedent's estate:

(i) Unless waived by the court, the representative shall present an account of the representative's administration within 60 days after the expiration of one year after the issuance of letter of office and thereafter whenever required by the court.

(ii) Upon presentation of the account, the attorney for the representative shall furnish a receipt for each distribution set forth in the account and a certificate of the attorney or the representative stating that vouchers evidencing disbursements are in the possession of the representative or the attorney. The court may require the presentation of vouchers for examination.

(iii) Unless waived by the person entitled thereto, notice of the hearing on an account under Section 24-2 [755 ILCS 5/24-2] shall be given to each claimant whose claim remains undetermined or unpaid, to each person entitled to a share of the estate who has not receipted for the person's distributive share in full and to any persons specified in (d) of this Rule. If a person entitled to notice is represented by an attorney at law, attorney-in-fact, or consul or consular agent whose appearance is on file, notice as required for motions shall also be given to the attorney at law, attorney-in-fact, or consul or consular agent.

(iv) Before the discharge of the representative, there shall be presented to the court:

A. a statement from the representative that all death taxes have been paid or provided for, or that the estate is not subject to death taxes; and

B. a status report on a form approved by the court.

(v) Authority to a representative to pay all or part of the distributive share before 6 months after issuance of letters will be granted only after filing of the inventory.

(c) In either supervised or independent administration of a decedent's estate:

(i) If there is a change in a distributive rights during the administration of the estate, including a change resulting from death of a distributee after the decedent's death but before receipt of the distributee's entire distributive share, renunciation, disclaimer or other election provided by law, in addition to any other statutory requirements, documentation of the right of the substituted takers shall be presented to the court.

(ii) If a part or all of the estate is distributable to the trustee or trustees of a trust of which there is at least one trustee who is not also a representative of the estate, no notice is required to be given to any beneficiary of the trust by reason of the beneficiary's interest in the trust.

(iii) If a part or all of the estate is distributable to the trustee or trustees of a trust of which each trustee is also a representative of the estate, in addition to the requirements of the Probate Act and unless notice is waived by the person entitled thereto, notice of the hearing on an account under Section 24-2 [755 ILCS 5/24-2] or notice of the filing of a final report under Section 28-11 [755 ILCS 5/28-11], as the case may be, shall be given to each beneficiary then entitled to receive or eligible to have the benefit of the income from the trust. In the case of a beneficiary of the trust who is a minor or disabled person, notice shall also be given to the guardian of the estate of the beneficiary or, if no guardian of the estate has been appointed, to the personal fiduciary for the beneficiary under Section 28-3 [755 ILCS 5/28-3] or, if none, to the spouse, parent, adult child or guardian of the person of the beneficiary. The court in its discretion may waive notice to a beneficiary who is a minor or disabled person if notice has been waived and the account or report has been approved by another beneficiary whose interest is substantially the same as the interest of the minor or disabled beneficiary and who has no conflict of interest.

(iv) Unless otherwise determined by the court, the court will rely upon a statement of the representative's attorney, or a statement under the penalties of perjury of the representative or the representative's agent, that notice has been given to or waived by all beneficiary entitled thereto.

(d) In the estate of a ward:

(i) The guardian shall present an account of the guardian's administration within 30 days after the expiration of one year after the issuance of letter of office and, unless otherwise ordered, at least once in each year thereafter.

(ii) An account of a guardian or temporary guardian of a disabled person shall state the physical location and the physical and mental condition of the ward.

(iii) An account of a guardian of a minor shall state the physical location and the fact of attendance at school or occupation of the ward and, if the estate includes any interest in real estate in which the minor resides, shall be accompanied by a report regarding the guardian's inspection of that real estate.

(iv) In addition to the requirements of the Probate Act and unless waived by the person entitled thereto, notice of the hearing on an account under Section 24-11(b) [755 ILCS 5/24-11(b)] shall be given 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 a ward is represented by an attorney whose appearance is on file, notice as required for motions shall be given to the attorney.

[Amended August 8, 1996, effective September 3, 1996.]