Detailed Answer: Removing an Estate Administrator in Illinois
Under the Illinois Probate Act (755 ILCS 5), any interested party—such as a beneficiary, creditor, or heir—can petition the circuit court to remove an estate administrator who fails to fulfill fiduciary duties. Section 18-7 (755 ILCS 5/18-7) lists grounds for removal: misconduct, neglect, refusal to account, or inability to serve. You must file a written petition in the probate division of the circuit court that issued the letters of office, clearly stating the administrator’s breaches—like failing to file an inventory, ignoring creditor claims, or refusing to distribute assets.
After filing, the court sets a hearing. You’ll present evidence—emails, letters, or court filings showing missed deadlines or noncompliance. The administrator may oppose the petition. If the court finds sufficient cause under 755 ILCS 5/18-7, it can remove the administrator and appoint a successor or administrator ad litem. The court may also require the former administrator to post bond or account for estate assets.
Illinois law also mandates that administrators file an inventory of estate assets within 30 days after qualification (755 ILCS 5/18-6) and settle debts and taxes before distributing assets (755 ILCS 5/18-1). Failure to meet these obligations strengthens your removal petition.
For the full text of section 18-7, see 755 ILCS 5/18-7.
Disclaimer
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a licensed attorney to address your specific situation in Illinois.
Helpful Hints
- Review your local circuit court’s probate rules for petition format, filing fees, and deadlines.
- Gather documentation of missed inventories, unpaid debts, and ignored creditor claims.
- Consider requesting interim orders to protect estate assets while the removal petition is pending.
- Explore mediation or settlement demands before seeking removal to minimize delays.
- Keep all beneficiaries informed of filings and upcoming hearing dates to ensure transparency.