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Illinois Compiled Statutes

755 ILCS 5/28-4 (2026)

Termination of independent administration status

✓ current as of May 2026
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(755 ILCS 5/28-4) (from Ch. 110 1/2, par. 28-4)
    Sec. 28-4. Termination of independent administration status.) (a) Upon petition by any interested person, mailed or delivered to the clerk of the court, the court shall enter an order terminating the independent administration status of the estate, except:
    (1) If the will, if any, directs independent administration, independent administration status shall be terminated only if the court finds there is good cause to require supervised administration.
    (2) If the petitioner is a creditor or a legatee other than a residuary legatee, independent administration status shall be terminated only if the court finds that termination is necessary to protect the petitioner's interest, and instead of terminating independent administration status, the court may require such other action as it deems adequate to protect the petitioner's interest. Upon termination of independent administration, the representative must mail notice of the termination to all interested persons whose names and post office addresses are known to the representative and file proof of mailing with the clerk of the court.
    (b) After entry of an order terminating independent administration status, the representative shall be governed by all provisions of the Act applicable to the estate in supervised administration, and the order of termination shall direct the representative as to the time and manner for the performance of any acts (such as the filing of an inventory or account) which would have been required to be done earlier in supervised administration.
    (c) After entry of an order terminating independent administration status, the independent representative may not exercise any power pursuant to this Article and is liable for any damages caused by any such exercise, but the validity of the independent representative's actions pursuant to this Article after termination with respect to any person other than beneficiaries and creditors of the estate will not be affected by termination of independent administration unless such person has actual knowledge of termination.
(Source: P.A. 81-1453.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2021 · leading case: In Re Zl, 883 N.E.2d 658 (Ill. App. Ct. 2008).
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In Re Zl, 883 N.E.2d 658 (Ill. App. Ct. 2008). “, to determine whether respondents met their burden under the statute of demonstrating "good cause." "`Good cause' is a matter which our courts are routinely called upon to assess in a wide variety of contexts.”
In re Est. of Wade, 2020 IL App (4th) 190579-U (Ill. App. Ct. 2020). · cites it 2× “¶ 10 After Mercantile submitted a final account to the trial court, petitioner, in May 2018, filed a petition to terminate independent administration under section 28-4 of the Probate Act (755 ILCS 5/28-4 (West 2016)) or to appoint herself as personal fiduciary.”
In re Est. of Reeder, 2020 IL App (3d) 180739-U (Ill. App. Ct. 2020). “Gasick opposed the Attorney General’s petition and asked the court to find that he satisfied section 28- 11(e) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/28-11(e) (West 2014)), deny the petition; and, if necessary, find that the Attorney General failed to establish…”
In re Est. of Loessy, 2020 IL App (1st) 180419-U (Ill. App. Ct. 2020). “See 755 ILCS 5/28-4(c) (“After entry of an order terminating independent administration status, the independent representative may not exercise any power pursuant to this Article [28] and is liable for any damages caused by any such exercise.”
Illinois State Bar Ass'n v. Sohn, 2021 IL App (1st) 200970-U (Ill. App. Ct. 2021). “In re Estate of Blickenstaff, 2012 IL App (4th) 120480, ¶ 57 ; see 755 ILCS 5/28-4(c) (West 2010). ¶6 On February 10, 2016, Lisa’s former husband John Loessy moved for appointment of a guardian ad litem for the minors.”
— 755 ILCS 5/28-4(a)(1) — 2 cases
In Re Zl, 883 N.E.2d 658 (Ill. App. Ct. 2008). “, to determine whether respondents met their burden under the statute of demonstrating "good cause." "`Good cause' is a matter which our courts are routinely called upon to assess in a wide variety of contexts.”
In re Est. of Reeder, 2020 IL App (3d) 180739-U (Ill. App. Ct. 2020). “Gasick opposed the Attorney General’s petition and asked the court to find that he satisfied section 28- 11(e) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/28-11(e) (West 2014)), deny the petition; and, if necessary, find that the Attorney General failed to establish…”
— 755 ILCS 5/28-4(c) — 2 cases
In re Est. of Loessy, 2020 IL App (1st) 180419-U (Ill. App. Ct. 2020). “See 755 ILCS 5/28-4(c) (“After entry of an order terminating independent administration status, the independent representative may not exercise any power pursuant to this Article [28] and is liable for any damages caused by any such exercise.”
Illinois State Bar Ass'n v. Sohn, 2021 IL App (1st) 200970-U (Ill. App. Ct. 2021). “In re Estate of Blickenstaff, 2012 IL App (4th) 120480, ¶ 57 ; see 755 ILCS 5/28-4(c) (West 2010). ¶6 On February 10, 2016, Lisa’s former husband John Loessy moved for appointment of a guardian ad litem for the minors.”
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