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Illinois Compiled Statutes

755 ILCS 5/9-1 (2026)

Who may act as administrator

✓ current as of May 2026
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(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
    Sec. 9-1. Who may act as administrator. A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability as defined in this Act and has not been convicted of a felony, is qualified to act as administrator.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 11 cases (6 in the last 5 years), 2004–2026 · leading case: In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006).
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In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “" 755 ILCS 5/9-1 (West 2004). It is true that under Illinois law, a body politic may sometimes qualify as a person.”
Trent v. Off. of Coroner of Peoria Cnty., 812 N.E.2d 21 (Ill. App. Ct. 2004). “A person who has been convicted of a felony may neither be appointed guardian of a child's estate (755 ILCS 5/11-3(a) (West 2002)) nor named administrator of an estate of a decedent who dies intestate (755 ILCS 5/9-1 (West 2002)). We also find relevance in section 2-6 of the…”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “He argued that she was a Canadian resident and therefore did not meet the requirements of section 9-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/9-1 (West 2016)) to serve as administrator of Christopher’s estate.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “He argued that she was a Canadian resident and therefore did not meet the requirements of section 9-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/9-1 (West 1 We cite the version of the Parentage Act effective from January 1, 2016, to December 31, 2016.”
In re Est. of Stinnette, 2024 IL App (2d) 230174 (Ill. App. Ct. 2024). · cites it 2× “Section 9-1 of the Probate Act (755 ILCS 5/9-1 (West 2020)) states that any “person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability as defined in this Act and has not been convicted of…”
In re Engle, 2026 IL App (3d) 250286-U (Ill. App. Ct. 2026). · cites it 4× “755 ILCS 5/9-1, 9-2, 9-3 (West 2024). She urged that those sections require that a sister (or half-sister) has statutory preference over a cousin to act as or nominate an administrator, assuming both otherwise meet the minimum statutory requirements.”
In re Est. of Cage (Ill. App. Ct. 2008). · cites it 3× “On appeal, Butler contends that the circuit court erred when the court determined that Thompson, who is the mother and court-appointed guardian of decedent's children, had a higher statutory preference of appointment as compared to Butler, who is decedent's sister, under certain…”
In re Est. of Sterioti, 2022 IL App (3d) 200443-U (Ill. App. Ct. 2022). “” 755 ILCS 5/9-1 (West 2020). Section 9-3 lists the classes of persons entitled to preference in obtaining letters of administration and states, in part: “The following persons are entitled to preference in the following order in obtaining the issuance of letters of…”
In re Est. of Mikels, 2022 IL App (4th) 210277-U (Ill. App. Ct. 2022). “ANALYSIS ¶ 22 On appeal, Anthony argues the circuit court’s determination that he was unsuited -7- to serve as the administrator of Bernadine’s estate because of the hostility between him and his siblings is against the manifest weight of the evidence.”
Fuller v. Bowers, 2023 IL App (1st) 221808-U (Ill. App. Ct. 2023). “” 755 ILCS 5/9-1 (West 2020). Lewis Fuller does not argue – nor is there anything in the record – to indicate that Bolden Bowers was not qualified to act as an administrator under the statute.”
In re> Est. of Igram, 2025 IL App (2d) 240659-U (Ill. App. Ct. 2025). “755 ILCS 5/9-1 (West 2022) (“A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability as defined in this Act and has not been convicted of a felony, is qualified to act as administrator.”
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