{"data":{"id":"us-il/755-ilcs-5-23-2","jurisdiction":"us-il","citation":"755 ILCS 5/23-2","heading":"Removal.","body":"(Text of Section before amendment by P.A. 104-547)\n(a) On petition of any interested person or on the court's own motion, the court may remove a representative if:\n(1) the representative is acting under letters secured by false pretenses;\n(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;\n(3) the representative is convicted of a felony;\n(4) the representative wastes or mismanages the estate;\n(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;\n(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;\n(7) the representative fails to file an inventory or accounting after being ordered by the court to do so;\n(8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;\n(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or\n(10) there is other good cause.\n(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.\n(Text of Section after amendment by P.A. 104-547)\nRemoval.\n(a) On petition of any interested person or on the court's own motion, the court may remove a representative if:\n(1) the representative is acting under letters secured by false pretenses;\n(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;\n(3) the representative is convicted of a felony;\n(4) the representative wastes or mismanages the estate;\n(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;\n(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;\n(7) the representative fails to file an inventory or accounting after being ordered by the court to do so;\n(8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;\n(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties;\n(10) the representative is a private professional guardian that fails to comply with the requirements of Section 11a-26; or\n(11) there is other good cause.\n(b) If the representative becomes a nonresident of the United States, the court may remove the representative as such representative.","path":["CHAPTER 755 ESTATES","Probate Act of 1975."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=2104\u0026ChapterID=60\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:44Z","sha256":"451c0d39517f7f3d6062c6f9d76671c02dacb59116b1c7f827938a92307199db","source_id":"us-il","stale":false,"prev":"us-il/755-ilcs-5-23-1","next":"us-il/755-ilcs-5-23-3"},"notice":"GroundRules: Original legal text. Not legal advice."}
