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Petition To Terminate Independent Administration (Instructions) Form. This is a Illinois form and can be use in McHenry Local County.
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Tags: Petition To Terminate Independent Administration (Instructions), PR-PET9, Illinois Local County, McHenry
IN THE CIRCUIT COURT OF THE TWENTY-SECOND JUDICIAL CIRCUIT
McHENRY COUNTY, ILLINOIS
Probate Division
RIGHTS OF INTERESTED PERSONS DURING INDEPENDENT ADMINISTRATION:
FORM of PETITION TO TERMINATE ADMINISTRATION
A copy of a petition for letters and a copy of an order granting Independent Administration of
decedent’s estate are enclosed. This means that the executor or administrator will not have to obtain court
orders or file estate papers in court during probate. The estate will be administered without court
supervision, unless an interested person asks the Court to become involved.
Under section 28-4 of the Probate Act (775 ILCS 5/28-4) any interested person may petition the
Court to terminate Independent Administration at any time by mailing or delivering a Petition to
Terminate to the Clerk of Court. However, if there is a will which directs Independent Administration,
Independent Administration will be terminated only if the Court finds there is good cause to require
Supervised Administration; and if the petitioner is a creditor or non-residuary legatee, Independent
Administration will be terminated only if the Court finds that termination is necessary to protect the
petitioner’s interest.
A petition in substantially the following format may be used to terminate Independent
Administration.
In addition to the right to terminate Independent Administration, any interested person may
petition the Court to hold a hearing and resolve any particular question that may arise during Independent
Administration, even though Supervised Administration has not been requested (775 ILCS 5/28-5). The
Independent Administrator or Executor must mail a copy of the estate inventory and final account to each
interested person before the estate can be closed (775 ILCS 5/28-11). Any interested person has the right
to question or object to any item included in or omitted from an inventory or account to insist on a full
court accounting of all receipts and disbursements with prior notice, as required in Supervised
Administration (775 ILCS 5/28-11).
Filings to be made with:
McHenry County Circuit Clerk
Probate Division
2200 N. Seminary Avenue
Woodstock, IL 60098
(815) 334-4307
PR-PET9: Revised 12/01/06
Page 1 of 2
Estate of Deceased
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