§ 23-2 — Removal

Illinois § 23-2

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 755: ESTATES
• Act 755 ILCS 5/: Probate Act of 1975.
• Art.: Article XXIII - Resignation And Removal Of Representative

Text

(a) On petition of any interested person or on the court's own motion, the court may remove a representative if: (1) the representative is acting under letters secured by false pretenses; (2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a person with a disability; (3) the representative is convicted of a felony; (4) the representative wastes or mismanages the estate; (5) the representative conducts himself or herself in such a manner as to endanger any co-representative or the surety on the representative's bond; (6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so; (7) the representative fails to file an inventory or accounting after being ordered by the court to do so; (8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative; (9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or (10) there is other good cause. (b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.

Legislative History

(Source: P.A. 99-143, eff. 7-27-15.)