Illinois Compiled Statutes
755 ILCS 5/16-1 (2026)
Citation on behalf of estate
✓ current as of May 2026
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(755 ILCS 5/16-1)
(from Ch. 110 1/2, par. 16-1)
Sec. 16-1. Citation on behalf of estate.
(a) Upon the filing of a
petition therefor by the representative or by any other person
interested in the estate or, in the case of an estate of a ward by any other
person, the court shall order a citation to
issue for the appearance before it of any person whom the petitioner
believes (1) to have concealed, converted or embezzled or to have in his
possession or control any personal property, books of account, papers or
evidences of debt or title to lands which belonged to a person whose
estate is being administered in that court or which belongs to his
estate or to his representative or (2) to have information or knowledge
withheld by the respondent from the representative and needed by the
representative for the recovery of any property by suit or otherwise.
The petition shall contain a request for the relief sought.
(b) The citation must be served not less than 10 days before the
return day designated in the citation and must be served and returned in
the manner provided for summons in civil cases.
If there is a personal representative who is not the respondent, notice of
the proceeding shall be given by mail or in person to the personal
representative not less than 5 days before the return day designated in the
citation.
(c) If the representative is the respondent, the court may appoint a
special administrator to represent the estate. The court may permit the
special administrator to prosecute or defend an appeal.
(d) The court may examine the respondent on oath whether or not the
petitioner has proved the matters alleged in the petition, may hear the
evidence offered by any party, may determine all questions of title,
claims of adverse title and the right of property and may enter such
orders and judgment as the case requires. If the respondent refuses to
answer proper questions put to him or refuses to obey the court's order
to deliver any personal property or, if converted, its proceeds or
value, or books of account, papers or evidences of debt or title to
lands, the court may commit him to jail until he complies with the order
of the court or is discharged by due course of law and the court may
enforce its order against the respondent's real and
personal property in the manner in which judgments for the payment of
money are enforced. The court may tax the costs of the proceeding against
the respondent and enter judgment therefor against him.
(Source: P.A. 99-93, eff. 1-1-16; 99-497, eff. 1-29-16.)
Notes of Decisions
Cited in 49
cases (11 in the last 5 years), 1994–2026 · leading case: In Re Est. of Parker, 957 N.E.2d 454 (Ill. App. Ct. 2011).
In Re Est. of Parker, 957 N.E.2d 454 (Ill. App. Ct. 2011). “the circuit court's order granting the heirs' motion to dismiss her counterclaim; (2) a finding that the circuit court erred as a matter of law when it ruled Code section 13-207 (735 ILCS 5/13-207 (West 2008)) prohibited respondent from filing her counterclaim after the heirs…”
In Re Est. of Wilson, 939 N.E.2d 426 (Ill. 2010). “Shortly thereafter, Williams brought a citation proceeding pursuant to section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2006)) alleging that Bailey had depleted Mrs.”
In re Est. of Boyar, 2013 IL 113655 (Ill. 2013). “”1 1 Dixon’s petition invoked both section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) and section 16-2 of the Act (755 ILCS 5/16-2 (West 2010)).”
O'Gara v. O'Gara, 2022 IL App (1st) 210013 (Ill. App. Ct. 2022). “¶ 18 On April 15, 2019, plaintiff (Thomas’s widow) filed her verified petition for issuance of recovery citation pursuant to section 16-1 of the Probate Act of 1975 (755 ILCS 5/16-1 (West 2016)). This was the fourth filing of a petition for recovery against Lawrence.”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “ty, books of account, papers or evidences of debt or title to lands which belonged to a person whose estate is being administered in that court or which belongs to his estate or to his representative or (2) to have information or knowledge withheld by the respondent from the…”
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013). “¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “ty, books of account, papers or evidences of debt or title to lands which belonged to a person whose estate is being administered in that court or which belongs to his estate or to his representative or (2) to have information or knowledge withheld by the respondent from the…”
Alford v. Shelton (In Re Est. of Shelton), 2017 IL 121199 (Ill. 2017). “121241 ¶ 8 On December 2, 2013, Ruth Ann filed an amended citation in the circuit court on behalf of Thomas's estate, pursuant to section 16-1 of the Probate Act of 1975 ( 755 ILCS 5/16-1 (West 2010) ), to discover information and/or recover the farmland conveyed to Rodney and…”
Xcel Supply, LLC v. Horowitz, 2018 IL App (1st) 162986 (Ill. App. Ct. 2018). “2d 913 (an evidentiary hearing was not required for a turnover order in a supplemental proceeding under the Probate Act ( 755 ILCS 5/16-1 (West 2010) ) ). ¶ 46 Even if Workforce applies in general, it is not clear that it applies on the particular facts of our case.”
In re Est. of McDonald, 2022 IL 126956 (Ill. 2022). “755 ILCS 5/16-1 (2016). ¶ 19 After a hearing on April 18, 2018, the court denied Ellizzette’s motion to vacate the order appointing Shawn administrator but granted her leave to file a petition seeking letters of administration and an affidavit of heirship based on her assertion…”
In re Est. of Shelton, 2017 IL 121199 (Ill. 2018). “121241 ¶8 On December 2, 2013, Ruth Ann filed an amended citation in the circuit court on behalf of Thomas’s estate, pursuant to section 16-1 of the Probate Act of 1975 (755 ILCS 5/16-1 (West 2010)), to discover information and/or recover the farmland conveyed to Rodney and his…”
In re Est. of Mathers, 2022 IL App (3d) 210410 (Ill. App. Ct. 2022). “BACKGROUND ¶3 The petitioner, as the administrator of the estate of Mathers, filed a petition pursuant to section 16-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/16-1(d) (West 2020)) to issue citations to discover and recover assets against the respondents.”
— 755 ILCS 5/16-1(a) — 12 cases
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “ty, books of account, papers or evidences of debt or title to lands which belonged to a person whose estate is being administered in that court or which belongs to his estate or to his representative or (2) to have information or knowledge withheld by the respondent from the…”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “ty, books of account, papers or evidences of debt or title to lands which belonged to a person whose estate is being administered in that court or which belongs to his estate or to his representative or (2) to have information or knowledge withheld by the respondent from the…”
Carlen v. First State Bank of Beecher City, 857 N.E.2d 696 (Ill. App. Ct. 2006).
In Re Betts, 165 B.R. 233 (Bankr. N.D. Ill. 1994).
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013). “¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
— 755 ILCS 5/16-1(c) — 1 case
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “ty, books of account, papers or evidences of debt or title to lands which belonged to a person whose estate is being administered in that court or which belongs to his estate or to his representative or (2) to have information or knowledge withheld by the respondent from the…”
— 755 ILCS 5/16-1(d) — 12 cases
In Re Est. of Parker, 957 N.E.2d 454 (Ill. App. Ct. 2011). “the circuit court's order granting the heirs' motion to dismiss her counterclaim; (2) a finding that the circuit court erred as a matter of law when it ruled Code section 13-207 (735 ILCS 5/13-207 (West 2008)) prohibited respondent from filing her counterclaim after the heirs…”
In re Est. of Mathers, 2022 IL App (3d) 210410 (Ill. App. Ct. 2022). “BACKGROUND ¶3 The petitioner, as the administrator of the estate of Mathers, filed a petition pursuant to section 16-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/16-1(d) (West 2020)) to issue citations to discover and recover assets against the respondents.”
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013). “¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013).
Carrollton Bank v. Schroeder, 2022 IL App (5th) 200235-U (Ill. App. Ct. 2022).
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