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Illinois Compiled Statutes

755 ILCS 5/24-19 (2026)

Administration of deceased ward's estate

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(755 ILCS 5/24-19) (from Ch. 110 1/2, par. 24-19)
    Sec. 24-19. Administration of deceased ward's estate.) (a) Without order of appointment and until the issuance of letters testamentary or of administration or until sooner discharged by the court, a representative of the estate of a deceased ward has the powers and duties of an administrator to collect.
    (b) When 30 days or such further time as the court allows have elapsed after the death of a ward, letters of administration may be issued to the person who was guardian of the estate of the deceased ward upon his petition therefor, unless a petition for letters has theretofore been presented to the court of the proper county, in which case the court shall first dispose of the pending petition before issuing letters to the representative. If letters of administration are issued to another on a petition filed, letters may not be issued to the person who was guardian.
(Source: P.A. 85-692.)

    
Notes of Decisions
Cited in 8 cases, 1996–2020 · leading case: In re Est. of Wellman, 673 N.E.2d 272 (Ill. 1996).
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In re Est. of Wellman, 673 N.E.2d 272 (Ill. 1996). “Section 24-19(a) provides: "Without order of appointment and until the issuance of letters testamentary or of administration or until sooner discharged by the court, a representative of the estate of a deceased ward has the powers and duties of an administrator to collect.”
In re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “" 755 ILCS 5/24-19(a) (West 1996). 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.”
In re Est. of Ramlose, 801 N.E.2d 76 (Ill. App. Ct. 1st Dist. 2003). “" 755 ILCS 5/24-19(a) (West 2000). Furthermore, under the Probate Act an action for damages for the detention or conversion of personal property or for fraud or deceit survives the death of the ward.”
In re Est. of Hughes, 2020 IL App (5th) 190390. “¶ 19 The court then turned to the language of the Probate Act of 1975 (Probate Act), noting that, under section 24-19 of the Probate Act (755 ILCS 5/24-19 (West 1996)), the guardianship over the mother terminated when she died.”
In re Est. of Ostern, 2014 IL App (2d) 131236. “(citing 755 ILCS 5/24-19(a) (West 1996)). “Concomitantly, because the guardian is powerless to pay a claim filed against a deceased ward’s guardianship estate, ‘the trial court supervising the guardianship estate is powerless to adjudicate such claims, as jurisdiction lies only…”
In re Est. of Ostern, 2014 IL App (2d) 131236, 23 N.E.3d 391. “(citing 755 ILCS 5/24-19(a) (West 1996)). “Concomitantly, because the guardian is powerless to pay a claim filed against a deceased ward’s guardianship estate, ‘the trial court supervising the guardianship estate is powerless to adjudicate such claims, as - 14 - 2014 IL App (2d)…”
First Midwest Trust v. Rogers, No. 4-96-0788 (Ill. App. Ct. 4th Dist. Apr. 3, 1998). · cites it 2× “We agree with the court's conclu­sion; more particularly, for the reasons discussed below, we con­clude that the matter is re­solved by the limits placed on Dukes' authority by sections 24-19(a) and 10-4 of the Probate Act of 1975 (Act) (755 ILCS 5/24-19(a), 10-4 (West 1994)).…”
In re Est. of Barth (Ill. App. Ct. 1st Dist. 2003). “2d at 388; 755 ILCS 5/24-19(a) (West 1998). Concomitantly, because the guardian is powerless to pay a claim filed against a deceased ward's guardianship estate, "the trial court supervising the guardianship estate is powerless to adjudicate such claims, as jurisdiction lies only…”
755 ILCS 5/24-19(a): 7 cases
In re Est. of Wellman, 673 N.E.2d 272 (Ill. 1996). “Section 24-19(a) provides: "Without order of appointment and until the issuance of letters testamentary or of administration or until sooner discharged by the court, a representative of the estate of a deceased ward has the powers and duties of an administrator to collect.”
In re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “" 755 ILCS 5/24-19(a) (West 1996). 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.”
In re Est. of Ramlose, 801 N.E.2d 76 (Ill. App. Ct. 1st Dist. 2003). “" 755 ILCS 5/24-19(a) (West 2000). Furthermore, under the Probate Act an action for damages for the detention or conversion of personal property or for fraud or deceit survives the death of the ward.”
In re Est. of Ostern, 2014 IL App (2d) 131236. “(citing 755 ILCS 5/24-19(a) (West 1996)). “Concomitantly, because the guardian is powerless to pay a claim filed against a deceased ward’s guardianship estate, ‘the trial court supervising the guardianship estate is powerless to adjudicate such claims, as jurisdiction lies only…”
In re Est. of Ostern, 2014 IL App (2d) 131236, 23 N.E.3d 391. “(citing 755 ILCS 5/24-19(a) (West 1996)). “Concomitantly, because the guardian is powerless to pay a claim filed against a deceased ward’s guardianship estate, ‘the trial court supervising the guardianship estate is powerless to adjudicate such claims, as - 14 - 2014 IL App (2d)…”
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