755 ILCS 5/23-2: Removal.
Where this section sits in the code
- CHAPTER 755 ESTATES
- Probate Act of 1975.
(Text of Section before amendment by P.A. 104-547)
(a) On petition of any interested person or on the court's own motion, the court may remove a representative if:
(1) the representative is acting under letters secured by false pretenses;
(2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a person with a disability;
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the estate;
(5) the representative conducts himself or herself in such a manner as to endanger any co-representative or the surety on the representative's bond;
(6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so;
(7) the representative fails to file an inventory or accounting after being ordered by the court to do so;
(8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;
(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or
(10) there is other good cause.
(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.
(Text of Section after amendment by P.A. 104-547)
Removal.
(a) On petition of any interested person or on the court's own motion, the court may remove a representative if:
(1) the representative is acting under letters secured by false pretenses;
(2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a person with a disability;
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the estate;
(5) the representative conducts himself or herself in such a manner as to endanger any co-representative or the surety on the representative's bond;
(6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so;
(7) the representative fails to file an inventory or accounting after being ordered by the court to do so;
(8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;
(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties;
(10) the representative is a private professional guardian that fails to comply with the requirements of Section 11a-26; or
(11) there is other good cause.
(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.
Collected 2026-09-15T04:46:44Z. Source file · JSON