(a) The definitions in the Probate Act of 1975 apply, and when used in this part of the Rules, unless the context requires otherwise:
(i) "court" refers to Probate Division;
(ii) "judge" means a judge or associate judge assigned to the Probate Division;
(iii) "motion" includes every petition, application or other matter requiring the entry of an order; and
(iv) section references are to sections of the Probate Act.
(b) In the construction of these rules, the rules governing the construction of statutes shall apply.
(c) During the period of administration of the estate to which the action or proceeding is germane, an action or proceeding to contest admission or denial of a will to probate, to contest a trust, to enforce a contract to make a will, to construe a will or trust, or to appoint a trustee of a trust to which any part or all of the estate is distributable or any other action or proceeding affecting the estate or trust or arising under a Uniform Transfers (or Gifts) to Minor Act, shall be filed and heard in the Probate Division, shall employ the same number as the estate to which it relates and, if appropriate, shall be designated a "supplemental proceeding". The parties shall be designated as in other civil actions. In a supplemental proceeding, the required fee shall be paid at the time the action is filed.
[Amended August 8, 1996, effective September 3, 1996.]
(a) When a petition for admission of a will to probate or for letters of administration or an amended petition therefor, is filed, proof of heirship shall be made in accordance with Section 5-3 [755 ILCS 5/5-3] and a proposed order declaring heirship shall be submitted to the court.
(b) If no petition is filed for admission of a will to probate or for letters of administration, a person desiring to obtain a declaration of heirship shall file a petition stating:
(i) The name and address of petitioner and petitioner's attorney;
(ii) The name and place of residence of the decedent at the time of death;
(iii) The time and place of death; and
(iv) The names and post office addresses of decedent's heirs and whether any of them is a minor or disabled person.
(c) If no heir is named in a petition for admission of a will to probate or for letters of administration, or in an amended petition therefor, notice of the hearing on heirship shall be given to the State's Attorney.
[Amended August 8, 1996, effective September 3, 1996.]
(a) A will must be filed at least 3 court days before the hearing on a petition for admission of the will to probate.
(b) With a petition for admission of a will to probate, the petitioner shall file a copy of the will attached to an affidavit of the petitioner or the petitioner's attorney that the copy attached to the affidavit is a copy of the will to be admitted to probate.
(c) With a petition for probate of a handwritten will, in addition to a copy thereof, the petitioner shall file a typewritten copy of the will attached to an affidavit of the petitioner or the petitioner's attorney that to the best of the affiant's knowledge the typewritten copy is correct.
(d) With a petition for probate of a will in a language other than English, in addition to a copy thereof, the petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.
(e) If it appears that the decedent was at the time of the death a citizen of a foreign country, or that any heir or legatee is a citizen of a foreign country, notice shall be given to the nearest consul or consular agent for the foreign country who is listed by the Department of State in the manner provided by Section 6-10 [755 ILCS 5/6-10] or Section 9-5 [755 ILCS 5/9-5], as the case may be.
(f) Testimony recorded at the hearing on the admission of a will to probate shall be reduced to writing, certified by the court and filed with the clerk. No transcript need be filed when a will is admitted by attestation clause or affidavit in accordance with Section 6-4.
[Amended August 8, 1996, effective September 3, 1996.]
A person seeking admission of a will to probate and desiring to take the deposition of a witness to a will as provided by Section 6-5 [755 ILCS 5/6-5] shall file a petition for issuance of a commission, stating:
(a) The name and address of the witness;
(b) If the witness resides in this country, the reason the witness is unable to attend court;
(c) The name and address of the officer to whom the commission is directed.
A copy of the proposed written interrogatories shall be attached to the petition. Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will to probate to each heir or legatee whose name and post office address is stated in the petition. Before the expiration of the 14 days, any interested person may propose written cross interrogatories.
[Amended August 8, 1996, effective September 3, 1996.]
a) When a representative takes possession of real estate of a decedent or ward, the bond shall be for an amount not less than 1 1/2 times the estimated gross annual income of the real estate if a surety company acts as surety, and not less than double the estimated gross annual income of the real estate if individuals act as sureties, in addition to the amount of the bond required by Section 12-5 [755 ILCS 5/12-5] or Section 12-6 [755 ILCS 5/12-6], as the case may be, for the personal estate of the decedent or ward.
(b) The name of each principal and individual surety must be written in full in the body of the bond of a representative and in the signatures to the bond. When the signature is by mark, it must be witnessed by a person not a party to the bond. The bond shall be acknowledged in accordance with the Illinois Uniform Recognition Acknowledgment Act, 5 ILCS 260/1.
(c) An individual bond of an executor or a testamentary guardian is required even though the will waives bond or security.
(d) Before a bond with individual sureties is proffered, the representative shall file a petition with the court stating the approximate net worth of each of the proposed sureties, the estimated amount of claims against the estate and a statement as to whether or not all persons entitled to participate in the distribution of the estate as heirs or legatees are adults and consent to the approval of the bond with the proposed individual sureties. The consents of such persons shall be attached to the petition.
(e) When a representative offers a new bond under Section 12-11 [755 ILCS 5/12-11], the court may require that the representative establish that assets stated to be on hand are on hand before the account and the new bond are approved and before the surety on the old bond is discharged.
[Amended August 8, 1996, effective September 3, 1996.]
(a) A petition for appointment of a temporary guardian for an alleged disabled person under Section 11a-4 [755 ILCS 5/11a-4] shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. The petition shall state the facts upon which it is based and the name, the post office address and, in the case of an individual, the age and occupation of the proposed temporary guardian.
(b) Unless waived by the court, notice of the time and place of the hearing on a petition for temporary guardian shall be given not less than 3 days before the hearing by mail or in person to the alleged disabled person and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section 11a-8 [755 ILCS 5/11a-8].
(c) Unless waived by the court, notice of the time and place of the hearing on a petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing by mail or in person to the temporary guardian, to the petitioner on whose petition the temporary guardian was appointed and to those persons whose names and addresses are listed in the petitions for adjudication of disability and appointment of a guardian under Section 11a-8 [755 ILCS 5/11a-8].
[Amended August 8, 1996, effective September 3, 1996.]
(a) A petition to expend funds from a ward's estate shall state the purpose for which the proposed expenditure is required, the value of the estate at the time of presenting the petition, the annual income available to the ward and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.
(b) In stating the annual income available to the ward, the petition shall list payments being received by the ward or by the petitioner either individually or as guardian on behalf of the ward, including Social Security benefits, disability benefits, payments from the Veteran's Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust or custodianship and payments from one having an obligation to support the ward.
[Amended August 8, 1996, effective September 3, 1996.]
(a) A guardian desiring to retain any investment (including a life, endowment or annuity policy) or any increase thereof, not expressly authorized by Section 21-2 [755 ILCS 5/21-2] shall petition the court for approval thereof.
(b) A guardian desiring to make any material change in the terms of any life, endowment or annuity policy, (i) received by the guardian at the time of the guardian's appointment or subsequently acquired by the ward and (ii) not expressly authorized by Section 21-2.11 [755 ILCS 5/21-2.11] shall petition the court for approval thereof.
[Amended August 8, 1996, effective September 3, 1996.]
(a) Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian of the ward, as the case may be, the real and personal property which has come to the knowledge of the representative and any cause of action on which the representative has a right to sue. The inventory in a decedent's estate under supervised administration or in the estate of a minor or disabled person shall be verified and shall comply with the provisions of this rule.
(b) In addition to the requirements of Section 14-1 [755 ILCS 5/14-1], each inventory shall state the approximate total value of the personal estate (exclusive of those assets included in the inventory pursuant to paragraph (g) of this rule), the approximate annual income from the real estate in the possession of the representative, and that the bond of an individual representative complies with the provisions of Section 12-5 [755 ILCS 5/12-5].
(c) Consecutive item numbers, commencing with Arabic 1, shall be assigned to each item inventories and carried forward into the first account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts. A value need not be assigned to an inventoried item other than a bank account or similar property normally described in terms of an amount.
(d) To the extent feasible:
(i) Descriptions of real estate shall include the legal description and approximate size of each parcel, street address if any, the improvements thereon, and years for which taxes have not been paid. If any real estate is encumbered, the inventory shall include a description of the encumbrance and the principal balance owing at the date of death or at the date of appointment of the guardian, as the case may be. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, and, if not, the reason for not being in possession. (See Section 20-1)[755 ILCS 5/20-1].
(ii) Descriptions of stock shall include the number of shares, class of stock, exact corporate title and state of incorporation if necessary for the purpose of identification. Description of bonds shall include the total face value, name of obliger, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid and endorsements. Descriptions of notes shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements and, if secured, a description of the security. Descriptions of other securities (such as mutual funds, unit investment trusts, etc.) shall contain information consistent with the foregoing.
(iii) Descriptions of partnership interests shall include the partnership name and address and the interest of the estate.
(iv) If any tangible or intangible personal property is encumbered, the inventory shall include a description of the encumbrance and the principal balance owing at the date of death or at the date of appointment of the guardian, as the case may be.
(v) Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, name of the court where pending and case number.
(e) Each inventory in a decedent's estate under supervised administration shall be filed with the clerk. Each inventory in the estate of a minor or disabled person shall be presented for approval to the judge to whom the case is assigned.
(f) An amended or supplemental inventory shall be filed if:
(i) Real or personal property has been erroneously described in a prior inventory;
(ii) Assets have been improperly included in or excluded from a prior inventory; or
(iii) Additional assets have come to the knowledge of the representative.
A supplemental inventory or an amendment to an inventory need not repeat assets correctly described in a prior inventory.
(g) In addition, each inventory of a guardian of the estate of a disabled person shall list separately any joint tenancy accounts and other assets in which the disabled person has an interest but which would not be subject to administration in a decedent's estate, and shall state the nature of the interest. The court may issue an order (1) freezing any or all assets so listed until further order of the court, and (2) requiring the guardian to give notice to all other persons who may have an interest in those assets.
(h) In a decedent's estate under supervised administration, authority to the representative to pay all or part of a distributive share before 6 months after issuance of letters will be granted only after filing of the inventory.
[Amended August 8, 1996, effective September 3, 1996.]
(a) A claim based upon a written instrument shall be accompanied by a copy of the instrument.
(b) Unless a claim of the representative or the representative's attorney has been approved by each interested person whose share of the estate will be affected by the payment of the claim, the claimant shall apply to the court prior to the hearing on the claim for the appointment or waiver of a special administrator to appear and defend for the estate.
(c) If the representative or the representative's attorney waives the mailing or delivery of a copy of the claim, the time for filing pleadings is 30 days after the waiver or the filing of the claim, whichever is later.
(d) If a counterclaim is filed, a copy shall be delivered or mailed to the counterdefendant and the counterdefendant's attorney, as required by Circuit Court Rule 2.1, unless the counterdefendant or counterdefendant's attorney waives in writing the delivery or mailing.
(e) It is the duty of the attorney for the representative to appear in court on the call of a claim listed on the claim calendar. Subject to the discretion of the court, failure of the attorney to appear shall be deemed to be a consent to the allowance of the claim unless a responsive pleading has been filed.
[Amended August 8, 1996, effective September 3, 1996.]
(a) Unless notice is waived by the court, notice of the filing of a representative's petition to resign or of the filing a petition to remove a representative shall be given not less than 7 days before the filing to each co-representative, surety, unpaid claimant, persons entitled to a share of the estate who has not received the person's share in full, ward and any other person entitled to receive notice of motions.
(b) Unless notice is waived by the court, notice of the filing of a final account of a representative who has resigned or whose letters have been revoked shall be given not less than 14 days before the filing to the representative's successor and to any other person entitled to receive notice of motions.
[Amended August 8, 1996, effective September 3, 1996.]
In addition to the requirements of the Probate Act, notice of a hearing on a petition to terminate the adjudication of disability, revoke the letter of guardianship or modify the duties of a guardian of a disabled person shall be given not less than 14 days before the hearing to the disabled person's agent or agents appointed under the Illinois Power of Attorney Act, if any, and to the nearest relatives of the disabled person in the following order:
(a) The spouse and adult children and the parents and adult brothers and sisters, if any; or if none,
(b) The nearest adult kindred.
[Amended August 8, 1996, effective September 3, 1996.]
(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.]
A petitioner or claimant desiring a trial by jury when permitted must file a jury demand with the clerk and pay the fee at the time of filing the petition or claim. A person opposing the petition or claim and desiring a trial by jury must file a jury demand with the clerk and pay the fee at the time of filing the answer or other responsive pleading. If the petitioner or claimant file a jury demand and thereafter waives a jury, the person opposing will be granted a jury trial upon demand made within 14 days after being notified of the waiver and upon payment of the fee. Otherwise each party waives a jury.
[Amended August 8, 1996, effective September 3, 1996.]
(a) As used in this Rule, unless the context requires otherwise:
(i) "the court" refers to the Probate Division;
(ii) "another Division" or "the other Division" refers to a Division of the Circuit Court of Cook County other than the Probate Division;
(iii) "another court" or "the other court" refers to a court other than a Division of the Circuit Court of Cook County; and
(iv) an award by an arbitrator appointed under Part 18 of these Rules shall be considered to be an order of another Division, and an award of any other arbitrator shall be considered to be an order of another court.
(b) If no proceeding is pending before another Division or another court for recovery on a cause of action for personal injury or for wrongful death, the role of the Probate Division shall be as provided in this subparagraph.
(i) To settle a cause of action for personal injury to a minor or a disabled person, the guardian of the estate of the ward shall file in the court a petition for approval of the settlement of the cause of action. Upon approving the settlement the judge shall determine the expenses, including the attorney's compensation, to be deducted from the proceeds.
(ii) To settle a cause for action for personal injury to a decedent whose estate is in the course of administration, the representative of the decedent's estate shall file in the court a petition for approval of the settlement of the cause of action. Upon approving the settlement the judge shall determine the expenses, including the attorney's compensation, to be deducted from the proceeds. If the cause of action is the sole asset of the estate, the compensation shall include all legal services necessary to effect the settlement of the estate, except as otherwise ordered by the court.
(iii) To settle a cause of action for the wrongful death of a person whose estate is in the course of administration, the representative of the decedent's estate shall file in the court a petition for approval of the settlement of the cause of action. Upon approving the settlement the judge shall determine the expenses, including the attorney's compensation, to be deducted from the proceeds, and shall apportion the balance as provided by law. When the court authorizes the representative of a decedent's estate to settle a wrongful death action and when there is no other estate requiring administration, the court shall order that upon complying with the order the representative shall be discharged.
(iv) A report of the attorney for the petitioner stating that, in the attorney's opinion, based upon the facts and the law, the proposed settlement is just and proper, shall be attached to the petition.
(v) The attorney's compensation under a contingent fee contract shall be prescribed by Rule 6.4 (b) or Rule 6.5(b), as the case may be, and, in a medical malpractice case, shall comply with Section 2-1114 of the Code of Civil Procedure. If the cause of action is the sole asset of the decedent's estate, the compensation shall include all legal services necessary to effect the settlement of the estate, except as otherwise ordered by the court.
(vi) The judge may appoint a guardian ad litem to investigate the merits of the proposed settlement.
(c) If an action for personal injury to a minor or a disabled person or to a decedent or for wrongful death is pending before another Division, the role of the Probate Division shall be as provided in this subparagraph.
(i) If the action is for personal injury and is disposed of in another Division by an order entering judgment for the plaintiff or approving a settlement, the guardian of the estate of the ward or the representative of the decedent's estate, as the case may be, shall file in the court a petition for authority to receive the proceeds of the action in accordance with the provision of Rule 6.4 or Rule 6.5, as the case may be.
(ii) If the action is for wrongful death and was brought by a special administrator appointed by another Division, no action in the Probate Division is required with respect to the disposition of the wrongful death action itself. If the action is for wrongful death and was brought by a representative appointed by the Probate Division, the representative shall file in the court (aa) a petition for authority to receive the proceeds of the action in accordance with the provisions of Rule 6.5 and (bb) vouchers for the expenses paid and the distributions made pursuant to the order of the other Division. If there is no other estate requiring administration, the court shall then declare the estate closed. If any person receiving distribution is a minor or disabled person, the amount distributable to the ward shall be disposed of as follows:
A. If the estate of the ward does not exceed $10,000 in value, the other Division may dispose of the ward's share of the proceeds under the statute governing a ward's small estate (Section 25-2 of the Probate Act)[755 ILCS 5/25-2].
B. If the estate of the ward exceeds $10,000 in value, the guardian of the ward's estate shall file a petition in the court for authority to receive the proceeds of the action in accordance with the provisions of Rule 6.4.
(d) If any action for personal injury to a minor or a disabled person or to a decedent or for wrongful death is pending before another court, the role of the Probate Division shall be as provided in this subparagraph.
(i) The guardian of the estate of the ward or the representative of the decedent's estate, as the case may be, shall file a petition in the court for an order authorizing the guardian or representative to take whatever action is required by the other court. If that action involves approval of a settlement or the payment of fees or expenses that have not been passed on by the other court, the petitioner shall provide evidence of the propriety of the proposed action.
(ii) If the action is for personal injury, the guardian of the estate of the ward or the representative of the decedent's estate, as the case may be, shall file a petition in the court for an order authorizing the representative to receive the proceeds.
(iii) If the action is for wrongful death and was brought by a representative appointed by the Probate Division, the representative shall file in the court vouchers for the expenses paid and the distributions made pursuant to the order of the other court. If there is no other estate requiring administration, the court shall then declare the estate closed. If any person receiving distribution is a minor or a disabled person, the amount distributable to the ward shall be disposed of as follows:
A. If the estate of the ward does not exceed $10,000 in value, the other court may dispose of the ward's share of the proceeds under the statute governing a ward's small estate (Section 25-2 of the Probate Act)[755 ILCS 5/25-2].
B. If the estate of the ward exceeds $10,000 in value, the guardian of the estate of the ward shall file a petition in the court for authority to receive the proceeds of the action in accordance with the provision of Rule 6.5.
(e) Whenever action by a guardian of the estate of a minor or a disabled person or by a representative of a decedent's estate is required, if no guardian of the estate of the ward or representative of the decedent's estate has been appointed, a petition shall be filed in the court for appointment of a guardian of the estate of the ward in accordance with Article XI or XIa of the Probate Act or for appointment of a representative of the decedent's estate in accordance with Article VI or IX of the Probate Act.
(f) When the settlement of a cause of action requires future payments to a person who is or may become a disabled person, the order approving the settlement shall include provisions that will make it possible for the court to consider the person's legal competence and to monitor changes in the person's competence.
(g) When the court authorizes a guardian of the estate of a ward to receive the proceeds of a cause of action or to settle a cause of action, the court shall either (aa) direct that the balance be deposited for the benefit of the ward as provided by Section 24-21[755 ILCS 5/24-21], in which case, upon complying with the order, the guardian shall be discharged, or (bb) direct that the balance be held and administered by the guardian in accordance with Article XI or XIa of the Probate Act.
[Amended, effective September 29, 2011.]
Before an order is entered directing the County Treasurer to pay money deposited by order of court, notice shall be given to the State's Attorney and to such other persons as the court may direct.
[Amended August 8, 1996, effective September 3, 1996.]
A petition to withdraw funds deposited or invested as provided in Section 24-21[755 ILCS 5/24-21] shall be presented in person by the parent, spouse, person standing in loco parentis or person having the responsibility or custody of the ward, unless personal presentation is excused 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 benefits to the ward or the ward's dependents.
[Amended August 8, 1996, effective September 3, 1996.]
(a) No distribution shall be made pursuant to an assignment or a power of attorney signed by a distributee of an estate unless the assignment or power of attorney has been filed with and approved by the court.
(b) The petition for approval shall be verified and state:
(i) the consideration paid or to be paid and fees and expenses charged or to be charged to the grantor of the power of attorney or the assignor of the assignment;
(ii) the name and address of the grantor and grantee of the power of attorney or the assignor and assignee of the assignment; and
(iii) that the power of attorney or assignment has not been revoked.
(c) Each power of attorney or assignment shall be signed and acknowledged by the grantor of the power of attorney or assignor of the assignment in accordance with the Illinois Uniform Recognition of Acknowledgments Act.
(d) If the court does not approve the power of attorney or assignment, the representative shall make distribution directly to the grantor of the power of attorney or the assignor of the assignment.
[Amended August 8, 1996, effective September 3, 1996.]
The distributive share of a citizen and resident of a foreign country may be paid to the official representative of the foreign country who is entitled thereto pursuant to treaty or convention between that country and the United States in the following manner:
(a) the official representative shall present a petition for leave to receive distribution in a form prescribed by the court; and
(b) the official representative shall certify that the principal is a citizen and resident of the petitioner's country; and
(c) the official representative shall acknowledge receipt of the distributive share received from the representative. The representative shall file the receipt with the representative's voucher.
[Amended August 8, 1996, effective September 3, 1996.]