Illinois Compiled Statutes
755 ILCS 5/9-3 (2026)
Persons entitled to preference in obtaining letters
✓ current as of May 2026
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(755 ILCS 5/9-3)
(from Ch. 110 1/2, par. 9-3) Sec. 9-3. Persons entitled to preference in obtaining letters. The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration and of administration with the will annexed: (a) The surviving spouse or any person nominated by | the surviving spouse. |
(b) The legatees or any person nominated by them, | with preference to legatees who are children. |
(c) The children or any person nominated by them. (d) The grandchildren or any person nominated by them. (e) The parents or any person nominated by them. (f) The brothers and sisters or any person nominated | by them. |
(g) The nearest kindred or any person nominated by | them. |
(h) The representative of the estate of a deceased | ward. |
(i) The Public Administrator. (j) A creditor of the estate. Only a person qualified to act as administrator under this Act may nominate, except that the guardian of the estate, if any, otherwise the guardian of the person, of a person who is not qualified to act as administrator solely because of minority or legal disability may nominate on behalf of the minor or person with a disability in accordance with the order of preference set forth in this Section. A person who has been removed as representative under this Act loses the right to name a successor. When several persons are claiming and are equally entitled to administer or to nominate an administrator, the court may grant letters to one or more of them or to the nominee of one or more of them. The letters shall provide the names of each administrator if co-administrators are granted by the court. (Source: P.A. 104-123, eff. 1-1-26.)
Notes of Decisions
Cited in 12
cases (7 in the last 5 years), 1999–2026 · leading case: In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003).
In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003). “If, as in this case, no surviving spouse or descendants exist, subsection (e) provides that "the parents" shall act as administrator.”
In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “See 755 ILCS 5/9-3 (West 2004). An exception exists for corporations qualified to accept and execute trusts in our state (755 ILCS 5/1-3 (West 2004)), but the law confers no similar authorization on the United States.”
In Re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “Or, if the deceased ward's estate is not yet open, a deceased ward's creditors, again like any decedent's creditors, may petition the circuit court either for admission of the decedent ward's will to probate (see 755 ILCS 5/6-2 (West 1996)) or for letters of administration (see…”
In re Est. of Stinnette, 2024 IL App (2d) 230174 (Ill. App. Ct. 2024). “” Section 9-3 (755 ILCS 5/9-3 (West 2020)), in turn, sets forth the order of preference for who can be appointed administrator.”
Lichter v. Carroll, 2022 IL App (1st) 200828 (Ill. App. Ct. 2022). “, 755 ILCS 5/9-3(i), (j), 13-1 (West 2016).”
In re Est. of Cage (Ill. App. Ct. 2008). “2d at 402 , citing 755 ILCS 5/9-3 (West 1998). In particular, section 9-3 identifies 10 specific categories entitled to preference in obtaining letters of administration in sequential order.”
In re Est. of Sterioti, 2022 IL App (3d) 200443-U (Ill. App. Ct. 2022). “He argued that he, Shari, and Peggy were the “presumptive legatees” and therefore had preference to nominate a successor over the remaining heirs to Frank’s estate, citing section 9-3 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/9-3 (West 2020)). In his petition, he…”
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 5/9-3(b), (d) (West 2020). Thus, under the statute, Bolden Bowers was “entitled to preference” over Lewis Fuller in obtaining the issuance of letters of administration, which further supports the circuit court’s decision to appoint Bolden Bowers as administrator.”
In re Est. of Georgacopoulos, 2024 IL App (1st) 230776-U (Ill. App. Ct. 2024). “755 ILCS 5/9-3 (West 2022). However, in the antenuptial agreement, defendant waived any right to participate in the decedent’s estate.”
In re Engle, 2026 IL App (3d) 250286-U (Ill. App. Ct. 2026). “755 ILCS 5/9-3(f) (West 2024) (“The brothers and sisters or any person nominated by them.”
Cmty. Bank v. Otto (Ill. App. Ct. 2001). “Of course, the creditors of a deceased may petition the circuit court either for admission of the decedent's will to probate (755 ILCS 5/6-2 (West 1996)) or for letters of administration (755 ILCS 5/9-3(West 1996)). As Gebis pointed out, at first such a decision may appear…”
— 755 ILCS 5/9-3(a) — 1 case
In re Est. of Stinnette, 2024 IL App (2d) 230174 (Ill. App. Ct. 2024). “” Section 9-3 (755 ILCS 5/9-3 (West 2020)), in turn, sets forth the order of preference for who can be appointed administrator.”
— 755 ILCS 5/9-3(b) — 2 cases
In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “See 755 ILCS 5/9-3 (West 2004). An exception exists for corporations qualified to accept and execute trusts in our state (755 ILCS 5/1-3 (West 2004)), but the law confers no similar authorization on the United States.”
Fuller v. Bowers, 2023 IL App (1st) 221808-U (Ill. App. Ct. 2023). “755 ILCS 5/9-3(b), (d) (West 2020). Thus, under the statute, Bolden Bowers was “entitled to preference” over Lewis Fuller in obtaining the issuance of letters of administration, which further supports the circuit court’s decision to appoint Bolden Bowers as administrator.”
— 755 ILCS 5/9-3(c) — 1 case
In re Est. of Cage (Ill. App. Ct. 2008). “2d at 402 , citing 755 ILCS 5/9-3 (West 1998). In particular, section 9-3 identifies 10 specific categories entitled to preference in obtaining letters of administration in sequential order.”
— 755 ILCS 5/9-3(e) — 2 cases
In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003). “If, as in this case, no surviving spouse or descendants exist, subsection (e) provides that "the parents" shall act as administrator.”
In re Est. of Stinnette, 2024 IL App (2d) 230174 (Ill. App. Ct. 2024). “” Section 9-3 (755 ILCS 5/9-3 (West 2020)), in turn, sets forth the order of preference for who can be appointed administrator.”
— 755 ILCS 5/9-3(f) — 4 cases
In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003). “If, as in this case, no surviving spouse or descendants exist, subsection (e) provides that "the parents" shall act as administrator.”
In re Est. of Stinnette, 2024 IL App (2d) 230174 (Ill. App. Ct. 2024). “” Section 9-3 (755 ILCS 5/9-3 (West 2020)), in turn, sets forth the order of preference for who can be appointed administrator.”
In re Engle, 2026 IL App (3d) 250286-U (Ill. App. Ct. 2026). “755 ILCS 5/9-3(f) (West 2024) (“The brothers and sisters or any person nominated by them.”
In re Est. of Cage (Ill. App. Ct. 2008). “2d at 402 , citing 755 ILCS 5/9-3 (West 1998). In particular, section 9-3 identifies 10 specific categories entitled to preference in obtaining letters of administration in sequential order.”
— 755 ILCS 5/9-3(g) — 1 case
In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003). “If, as in this case, no surviving spouse or descendants exist, subsection (e) provides that "the parents" shall act as administrator.”
— 755 ILCS 5/9-3(i) — 1 case
Lichter v. Carroll, 2022 IL App (1st) 200828 (Ill. App. Ct. 2022). “, 755 ILCS 5/9-3(i), (j), 13-1 (West 2016).”
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