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Illinois Independent Administration of a Will

In Illinois, many wills state that a representative shall seek independent administration. Even if a will is silent on the issue of independent administration, anyone filing a petition to admit a will to probate may request that the administration be independent. If there is an interested person who is a minor or disabled person, the court may require supervised administration whenever the court finds that the interests of the ward are not adequately represented by a personal fiduciary acting or designated to act and supervised administration is necessary to protect the ward's interests. When independent administration is granted, the independent representative shall include with each notice required to be mailed to heirs or legatees an explanation of the rights of heirs and legatees under this Article and the form of petition which may be used to terminate independent administration. The form and substance of the notice of rights and the petition to terminate shall be prescribed by rule of the Supreme Court of this State. Each order granting independent administration and the letters shall state that the representative is appointed as independent executor or independent administrator, as the case may be. The independent representative shall file proof of mailing with the clerk of the court.

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