Illinois Compiled Statutes
755 ILCS 5/10-4 (2026)
Powers and duties of administrator to collect
✓ current as of May 2026
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(755 ILCS 5/10-4)
(from Ch. 110 1/2, par. 10-4)
Sec. 10-4.
Powers and duties of administrator to collect.)
An administrator to collect has power to sue for and collect
the personal estate and debts due the decedent or missing
person and by leave of court to exercise the powers vested by
law in an administrator. The provisions of this Act relating
to the sale, mortgage and leasing of real and personal estate
by resident administrators are applicable to sales, mortgages,
and leasing of real and personal estate by administrators to
collect. A suit commenced by an administrator to collect
does not abate by the revocation of his letters either before
or after judgment in the trial or reviewing court, but his
successor as representative or the missing person if his survival
is established, may be substituted in his stead in the
proceedings. When authorized by the court, an administrator
to collect of the estate of a missing person may make disbursements
to or for the benefit of his spouse, his children, including
children by adoption, any person to whom he stood
in the acknowledged relation of a parent, any person related
to him by blood or marriage who is dependent upon or entitled
to support from him and anyone to whom the missing person is
indebted and may perform the contracts of the missing person
which were legally subsisting at the time of his disappearance
and execute and deliver a deed, bill of sale or other instrument.
(Source: P.A. 79-328.)
Notes of Decisions
Cited in 4
cases, 1998–2012 · leading case: Cushing v. Greyhound Lines, 2012 IL App (1st) 100768 (Ill. App. Ct. 2012).
Cushing v. Greyhound Lines, 2012 IL App (1st) 100768 (Ill. App. Ct. 2012). “” 755 ILCS 5/10-4 (West 2002). ¶ 102 Cushing now contends that the appointment of MB Financial Bank, N.”
In Re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “Under the Probate Act, an administrator to collect "has the power to sue for and collect the personal estate and debts due the decedent * * * and by leave of court to exercise the powers vested by law *388 in an administrator.”
Cushing v. Greyhound Lines, Inc., 965 N.E.2d 1215 (Ill. App. Ct. 2012). “" 755 ILCS 5/10-4 (West 2002). ¶ 102 Cushing now contends that the appointment of MB Financial Bank, *1234 N.”
First Midwest Trust v. Rogers (Ill. App. Ct. 1998). “" Section 10-4 of the Act defines the duties and powers of an administrator to collect, in pertinent part, as follows: "An administrator to collect has power to sue for and collect the personal estate and debts due the decedent *** and by leave of court to exercise the…”
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