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Illinois Compiled Statutes

755 ILCS 5/28-5 (2026)

Court proceedings during independent administration

✓ current as of May 2026
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(755 ILCS 5/28-5) (from Ch. 110 1/2, par. 28-5)
    Sec. 28-5. Court proceedings during independent administration.) At any time or times during independent administration any interested person may petition the court for a hearing and order as to any matter germane to the administration of the estate, and the provisions of this Act other than this Article shall govern any such court proceedings in the same manner as under supervised administration. If the independent representative petitions the court for instructions as to the exercise of any discretionary power, he renounces his discretion with respect to the matter before the court and the court shall substitute its judgment for his.
(Source: P.A. 81-213.)

    
Notes of Decisions
Cited in 3 cases, 1998–2005 · leading case: In Re Est. of Mank, 699 N.E.2d 1103 (Ill. App. Ct. 1998).
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In Re Est. of Mank, 699 N.E.2d 1103 (Ill. App. Ct. 1998). “755 ILCS 5/28-5 (West 1994). The court found that the petition to contest the will had been dismissed with prejudice in keeping with the order entered on April 2, 1996, it having been represented to the court that all matters in controversy were settled.”
Hines v. Dep't of Pub. Aid, 831 N.E.2d 641 (Ill. App. Ct. 2005). “) In July 2003, petitioner filed a petition for instructions regarding the claim pursuant to section 28-5 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/28-5 (West 2002)). The petition stated the dispute over the claim was based on whether Medicaid permits the Department…”
Hines v. Dept. of Pub. Aid (Ill. App. Ct. 2005). “) In July 2003, petitioner filed a petition for instructions regarding the claim pursuant to section 28-5 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/28-5 (West 2002)). The petition stated the dispute over the claim was based on whether Medicaid permits the Department…”
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