Illinois Compiled Statutes
755 ILCS 5/9-5 (2026)
Notice-Waiver
✓ current as of May 2026
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(755 ILCS 5/9-5)
(from Ch. 110 1/2, par. 9-5)
Sec. 9-5. Notice-Waiver.) (a) Not less than 30 days before the hearing
on the petition to issue letters, the petitioner shall mail a copy of the
petition, endorsed with the time and place of the hearing, to each person
named in the petition whose post office address is stated and who is
entitled either to administer or to nominate a person to administer equally
with or in preference to the petitioner.
(b) Not more than 14 days after entry of an order directing that
original letters of office issue to an administrator, the administrator
shall mail a copy of the petition to issue letters and a copy of the order
showing the date of its entry to each of the decedent's heirs who was not
entitled to notice of the hearing on the petition under subsection (a). If
the name or post office address of any heir is not stated in the petition,
the administrator shall publish a notice once a week for 3 successive weeks,
the first publication to be not more than 14 days after entry of the
order, describing the order and the date of entry. The notice shall be
published in a newspaper published in the county where the order was
entered and may be combined with a notice under Section 18-3. The
administrator shall file proof of mailing and publication, if publication
is required, with the clerk of the court.
(c) A copy of the petition and of the order need not be sent to, nor
notice published for, any person not designated in the petition as a minor
or as a person with a disability and who personally appeared before the court at the
hearing or who files his waiver of notice.
(Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 2
cases, 2019–2019 · leading case: In re Est. of Mattson, 2019 IL App (1st) 180805 (Ill. App. Ct. 2019).
In re Est. of Mattson, 2019 IL App (1st) 180805 (Ill. App. Ct. 2019). “755 ILCS 5/9-5 (West 2016) (copy of petition must be mailed with time and place of hearing to heirs entitled to administer or nominate a person to administer estate).”
In re Est. of Mattson, 2019 IL App (1st) 180805 (Ill. App. Ct. 2019). “755 ILCS 5/9-5 (West 2016) (copy of petition must be mailed with time and place of hearing to heirs entitled to administer or nominate a person to -6- No.”
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