Public Act 099-0093
 
SB1308 EnrolledLRB099 10478 HEP 30705 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Probate Act of 1975 is amended  by changing 
Section 16-1 as follows:
 



    (755 ILCS 5/16-1)  (from Ch. 110 1/2, par. 16-1)



    Sec. 16-1. 
Citation on behalf of estate.)

    (a) Upon the filing of a
petition therefor by the 
representative or by any other person
interested in the estate 
or, in the case of an estate of a ward by any other
person, the 
court shall order a citation to
issue for the appearance before 
it of any person whom the petitioner
believes: (1) to have 
concealed, converted or embezzled or to have or had in his

possession or control any assets, personal property, books of 
account, papers or
evidences of debt or title to lands which 
belonged to a person whose
estate is being administered in that 
court or which belongs to his
estate or to his representative; 
or (2) to have information or knowledge
withheld by the 
respondent from the representative and needed by the

representative for the recovery of any property by suit or 
otherwise; or (3) may be liable to the estate of a ward 
pursuant to any civil cause of action.
The petition shall 
contain a request for the relief sought.

    (b) The citation must be served not less than 10 days 
before the
return day designated in the citation and must be 
served and returned in
the manner provided for summons in civil 
cases.
If there is a personal representative who is not the 
respondent, notice of
the proceeding shall be given by mail or 
in person to the personal
representative not less than 5 days 
before the return day designated in the
citation.

    (c) If the representative is the respondent, the court may 
appoint a
special administrator to represent the estate.  The 
court may permit the
special administrator to prosecute or 
defend an appeal.

    (d) The court may examine the respondent on oath whether or 
not the
petitioner has proved the matters alleged in the 
petition, may hear the
evidence offered by any party, may 
determine all questions of title,
claims of adverse title and 
the right of property and may enter such
orders and judgment as 
the case requires. If the respondent refuses to
answer proper 
questions put to him or refuses to obey the court's order
to 
deliver any personal property or, if converted, its proceeds or

value, or books of account, papers or evidences of debt or 
title to
lands, the court may commit him to jail until he 
complies with the order
of the court or is discharged by due 
course of law and the court may
enforce its order against the 
respondent's real and
personal property in the manner in which 
judgments for the payment of
money are enforced. The court may 
tax the costs of the proceeding against
the respondent and 
enter judgment therefor against him.

(Source: P.A. 89-396, eff. 8-20-95.)