Disclaimer
This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer: Removing a Personal Representative in Illinois
Under the Illinois Probate Act (755 ILCS 5), a personal representative (PR) manages a decedent’s estate. If the PR mishandles estate assets, interested parties may petition the court for removal. You must follow these steps:
1. Identify Statutory Grounds for Removal
Illinois law allows removal for neglect of duty, misconduct, incompetence, failure to account, or other cause. See 755 ILCS 5/22-4 (link).
2. Prepare and File a Petition
File a written petition to remove the personal representative in the county circuit court where probate is pending. Include:
- The decedent’s name and case number.
- The PR’s name and appointment date.
- Detailed allegations of mishandling (misspending, failure to inventory, self-dealing).
- Requested relief (removal and appointment of successor).
Pay the statutorily required filing fee or request a fee waiver if eligible.
3. Serve Notice on Interested Parties
Serve the petition and a court summons on the personal representative and all interested persons (heirs, beneficiaries, creditors) in accordance with 755 ILCS 5/24-1 (link). Service must occur at least 14 days before the hearing.
4. Post Bond (If Required)
The court may require a bond to secure estate funds during litigation. The bond amount typically equals the estate’s value. See 755 ILCS 5/22-7 (link).
5. Attend the Hearing
At the hearing, the petitioner must present evidence of misconduct or negligence. Evidence may include:
- Account statements showing unauthorized transactions.
- Appraisal reports evidencing improper asset valuations.
- Communications proving mismanagement.
The PR may present a defense or agree to resign.
6. Court Decision and Successor Appointment
If the court finds cause, it will remove the PR and appoint a successor under 755 ILCS 5/22-5 (link). The successor will complete estate administration.
Helpful Hints
- Collect documents: wills, inventories, account statements.
- Keep a timeline of alleged misconduct.
- Consult the probate clerk about local fee schedules.
- Consider mediation if the PR disputes allegations.
- File form petitions available from the county court’s website.
- Watch statutory deadlines for service and hearings.