ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/9-2 (2026)

Issuance of letters of administration

✓ current as of May 2026 Cite as: 755 ILCS 5/9-2 (2026)
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(755 ILCS 5/9-2) (from Ch. 110 1/2, par. 9-2)
    Sec. 9-2. Issuance of letters of administration.) When a person dies intestate, letters of administration shall be issued in accordance with the preferences in Section 9-3 upon petition therefor, unless the issuance of letters is excused. If after letters are issued the sole administrator or all administrators die or resign or their letters are revoked, letters shall be issued in accordance with the preferences in Section 9-3.
(Source: P.A. 81-788.)

    
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2006–2026 · leading case: In Re Estate of Funk
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In Re Estate of Funk (2006) ill “See 755 ILCS 5/9-2, 9-3 (West 2004). Creditors of the estate, which is all the United States is here, are at the very bottom of the list.”
Relf v. Shatayeva (2013) ill “755 ILCS 5/9-2 (West 2010). The Probate Act also recognizes “administrator to collect” as a type of representative in addition to executors and administrators.”
Relf v. Shatayeva (2013) ill “755 ILCS 5/9-2 (West 2010). The Probate Act also recognizes “administrator to collect” as a type of representative in addition to executors and administrators.”
In re Estate of Zagaria (2013) illappct “755 ILCS 5/9-2 (West 2010). “Anyone desiring to have letters of administration issued on the estate of an intestate decedent shall file a petition therefor in the court of the proper county.”
In re Estate of Stinnette (2024) illappct · cites it 2× “Zagaria, 2013 IL App (1st) 122879 , ¶ 15 (citing 755 ILCS 5/9-2 (West 2010)). -8- 2024 IL App (2d) 230174 ¶ 24 Section 1-2.”
In re Estate of Ropp (2023) illappct · cites it 2× “He contends, for the first time, that section 9-2 of the Probate Act of 1975 (Act) (755 ILCS 5/9-2 (West 2020)) requires the court to first determine whether Larry had died intestate before appointing an administrator.”
In re Engle (2026) illappct “755 ILCS 5/9-2 (West 2024). There is a narrow exception to the rule of statutory preference, inapplicable here, in that a trial court may exercise its discretion to pass over an otherwise qualified applicant in the “unusual” and “extreme” circumstance that the applicant has…”
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