ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/23-3 (2026)

Procedure on removal

✓ current as of May 2026
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(755 ILCS 5/23-3) (from Ch. 110 1/2, par. 23-3)
    Sec. 23-3. Procedure on removal.) (a) Before removing a representative for any of the causes set forth in Section 23-2, the court shall order a citation to issue directing the respondent to show cause why he should not be removed for the cause stated in the citation. 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. The address recorded by the representative with the clerk of the court shall be considered the place where citations, notices or other process may be served upon him.
    (b) If (1) the petitioner or his attorney files in the office of the clerk of the court an affidavit stating that the respondent resides or has gone out of this State, is concealed within this State, or on due inquiry cannot be found so that the citation cannot be served on him, and stating the last known post office address of the respondent or (2) the citation is issued on the court's own motion and is not served on the respondent, the clerk shall prepare a notice which must state the name of the decedent or ward, the number of the case, the name of the person to whom the notice is given, the alleged cause of removal and place of hearing and shall direct the respondent to appear and show cause why he should not be removed. Not less than 15 days before the return day designated in the notice, the clerk of the court shall send by registered mail one copy of the notice to the respondent at his last known post office address as stated in the affidavit if one is filed, one copy of the notice to the respondent at his last known post office address as shown by the last document filed in the court in which he stated his post office address and one copy of the notice to his attorney of record.
    (c) The representative whose removal is sought may file a pleading to the petition or charges for removal on or before the return day designated in the citation or notice or within such further time as the court permits. If on the hearing the court finds that he should be removed for any cause listed in Section 23-2, the court may remove him and revoke his letters.
    (d) The court may assess the costs of the proceeding against a representative who is removed for any cause listed in Section 23-2.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1995–2023 · leading case: In re S.F., 2020 IL App (2d) 190248 (Ill. App. Ct. 2020).
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In re S.F., 2020 IL App (2d) 190248 (Ill. App. Ct. 2020). “” 755 ILCS 5/23-3(a) (West 2016). Illinois law recognizes, however, that “evidence of substantial compliance with section 23-3 is shown when a party was awarded a fair hearing and was not prejudiced by formal deficiencies in procedure.”
In re Est. of Tait, 2017 IL App (3d) 150834 (Ill. App. Ct. 2017). · cites it 3× “Petitioner appeals, arguing that the trial court erred when it removed her as guardian because it did not comply with section 23-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/23-3 (West 2014)). We reverse and remand.”
In Re Est. of Austwick, 656 N.E.2d 773 (Ill. App. Ct. 1995). “The citation must be served not less than 10 days before the return date designated in the citation and must be served and returned in the manner provided for summons in civil cases.”
In re Est. of Westphal, 2021 IL App (2d) 190324-U (Ill. App. Ct. 2021). · cites it 2× “She argues that, under section 23-3 of the Probate Act of 1975 (Act) (755 ILCS 5/23-3 (West 2018)), the trial court erred in refusing to hold an evidentiary hearing on her petition for removal.”
In re Est. of Tait, 2017 IL App (3d) 150834 (Ill. App. Ct. 2017). · cites it 3× “Petitioner appeals, arguing that the trial court erred when it removed her as guardian because it did not comply with section 23-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/23-3 (West 2014)). We reverse and remand.”
In re Est. of Brancato, 2020 IL App (2d) 190835-U (Ill. App. Ct. 2020). · cites it 2× “ANALYSIS ¶ 19 Carol argues that the trial court erred in removing her as guardian, because the emergency motion did not comply with the procedural requirements of section 23-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/23-3 (West 2018)), and Kane County Local Rule 6.”
Fuller v. Bowers, 2023 IL App (1st) 221808-U (Ill. App. Ct. 2023). “” 755 ILCS 5/23-3(c) (West 2020). 8 No. 1-22-1808 ¶ 33 Here, the court appointed Lewis Fuller as administrator of Johnson’s estate on February 10, 2022.”
— 755 ILCS 5/23-3(a) — 2 cases
In re S.F., 2020 IL App (2d) 190248 (Ill. App. Ct. 2020). “” 755 ILCS 5/23-3(a) (West 2016). Illinois law recognizes, however, that “evidence of substantial compliance with section 23-3 is shown when a party was awarded a fair hearing and was not prejudiced by formal deficiencies in procedure.”
In re Est. of Brancato, 2020 IL App (2d) 190835-U (Ill. App. Ct. 2020). “ANALYSIS ¶ 19 Carol argues that the trial court erred in removing her as guardian, because the emergency motion did not comply with the procedural requirements of section 23-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/23-3 (West 2018)), and Kane County Local Rule 6.”
— 755 ILCS 5/23-3(c) — 1 case
Fuller v. Bowers, 2023 IL App (1st) 221808-U (Ill. App. Ct. 2023). “” 755 ILCS 5/23-3(c) (West 2020). 8 No. 1-22-1808 ¶ 33 Here, the court appointed Lewis Fuller as administrator of Johnson’s estate on February 10, 2022.”
— 755 ILCS 5/23-3(d) — 2 cases
In re Est. of Tait, 2017 IL App (3d) 150834 (Ill. App. Ct. 2017). “Petitioner appeals, arguing that the trial court erred when it removed her as guardian because it did not comply with section 23-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/23-3 (West 2014)). We reverse and remand.”
In re Est. of Tait, 2017 IL App (3d) 150834 (Ill. App. Ct. 2017). “Petitioner appeals, arguing that the trial court erred when it removed her as guardian because it did not comply with section 23-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/23-3 (West 2014)). We reverse and remand.”
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