755 ILCS 5/9-6
Petition to issue letters on presumption of death of decedent - notice - waiver
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(755 ILCS 5/9-6)
(from Ch. 110 1/2, par. 9-6)
Sec. 9-6. Petition to issue letters on presumption of death of decedent -
notice - waiver.) (a) Anyone desiring to have original letters of
administration issued on the presumption of death of the decedent shall
file a petition therefor in the court of the proper county. The petition
shall state, in addition to the information required by clauses (c) through
(h) of Section 9-4, the facts and circumstances raising the presumption,
the name and last known post office address of the decedent and, if known,
the name and post office address of each person in possession or control of
any property of the decedent.
(b) Not less than 30 days before the hearing on the petition the
petitioner shall (1) mail a copy of the petition to the decedent at his
last known address, to each heir whose name and post office address are
stated in the petition and to each person shown by the
petition to be in possession or control of any property of the decedent,
and (2) publish a notice of the hearing on the petition once a week for 3
successive weeks, the first publication to be not less than 30 days before
the hearing. The notice shall be published in a newspaper published in the
county where the petition is filed. The notice shall state the time and
place of the hearing, the name of the decedent and, when known, the names
of the heirs. The petitioner shall endorse the time and place of the
hearing on each copy of the petition mailed by him. The petitioner shall
file a proof of mailing and of publication with the clerk of the court.
(c) A copy of the petition need not be sent to 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 filed his waiver of notice.
(Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 2
cases, 2013–2013 · leading case: In re Estate of Zagaria
In re Estate of Zagaria (2013)
“755 ILCS 5/9-6 (West 2010). The familiar “seven-year rule” is not established by any Illinois statute, but is a court-made rule established by historical case law.”
In re Estate of Zagaria (2013)
“755 ILCS 5/9-6 (West 2010). The familiar “seven-year rule” is not established by any Illinois statute, but is a court-made rule established by historical case law.”
— 755 ILCS 5/9-6(a) — 2 cases
In re Estate of Zagaria (2013)
“755 ILCS 5/9-6 (West 2010). The familiar “seven-year rule” is not established by any Illinois statute, but is a court-made rule established by historical case law.”
In re Estate of Zagaria (2013)
“755 ILCS 5/9-6 (West 2010). The familiar “seven-year rule” is not established by any Illinois statute, but is a court-made rule established by historical case law.”
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