§ 6-15 — Executor to administer all estate of decedent

Illinois § 6-15

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 755: ESTATES
• Act 755 ILCS 5/: Probate Act of 1975.
• Art.: Article VI - Probate Of Wills And Issuance Of Letters Of Office

Text

(a) The executor or the administrator with the will annexed shall administer all the testate and intestate estate of the decedent. (b) Any person doing business or performing transactions on behalf of, or at the direction of, an executor, administrator, or administrator with the will annexed may rely on the powers of an independent representative under Section 28-8 of this Act and the protections afforded to persons dealing with an independent representative under Section 28-9 of this Act. The person shall confirm by examination of the letters testamentary, letters of administration, or letters of administration with the will annexed, or by examination of a document purporting to be the letters of office, that the letters were issued by the court solely to the executor or administrator. If the letters of office or a document purporting to be the letters of office provide for co-executors or co-administrators and either the person is unable to identify one or more of the co-executors or co-administrators or cannot determine the lawful existence of any co-executor or co-administrator or if conflicting claims or directions are made by the co-executors or co-administrators, then the person may refuse to perform any transaction until the person receives a determination of the appropriate course of action by a court of appropriate jurisdiction. (c) Any person, corporation, or financial institution that conducts business or performs transactions on behalf of, or at the direction of, an executor, administrator, or administrator with the will annexed is fully protected and released from liability if the person conducts business or performs transactions as directed by a court of appropriate jurisdiction as provided in subsection (b) or bases the presumption on the confirmation by examination of the letters testamentary, letters of administration, letters of administration with the will annexed, or a document purporting to be the letters of office as provided in subsection (b).

Legislative History

(Source: P.A. 104-123, eff. 1-1-26 .)