Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
In Illinois, the circuit court handling probate matters may remove a personal representative (also called an executor or administrator) if evidence shows misconduct, gross negligence, conflict of interest, or failure to perform duties. These grounds appear in the Illinois Probate Act of 1975 (755 ILCS 5/24-1).
If the court enters an order removing a personal representative, you may appeal that decision to the Illinois Appellate Court. Follow these steps:
- File a Notice of Appeal. Under Illinois Supreme Court Rule 303, you must file the notice within 30 days after the removal order’s entry. Submit the notice to the clerk of the trial court.
- Prepare the Record on Appeal. Request the clerk’s papers and any transcripts. File a docketing statement under Rule 303.
- Submit Appellate Briefs. Serve and file a brief that outlines legal arguments, cites relevant statutes, and explains why the trial court abused its discretion.
- Attend Oral Argument. You may request oral argument or rely on briefs, depending on the Appellate Court’s rules and scheduling.
On appeal, the Appellate Court reviews probate rulings for abuse of discretion. It defers to the trial court’s factual findings but reviews legal conclusions de novo.
Helpful Hints
- Confirm the exact date the judge signed the removal order to calculate your 30-day appeal deadline.
- Consider filing a motion to stay the removal order pending appeal; you may need to post a bond under Supreme Court Rule 305.
- Collect all estate records early to support your arguments on appeal.
- Review Illinois Supreme Court Rules for formatting and filing requirements to avoid procedural dismissals.
- Track fees and deadlines carefully to protect your right to appeal.