12/14, 21, 28, 2014 IN THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT OF ILLINOIS VERMILION COUNTY, DANVILLE, ILLINOIS IN THE MATTER OF THE ESTATE OF GOLDIE B. McKINLEY, No. 14 P 204 (D)Deceased. NOTICE TO HEIRS AND LEGATEES Notice is given to Susan Hannah, a/k/a, Susan Hanna, who is an heir or legatee in the above proceeding to probate a will and whose name or address is not stated in the petition to admit the will to probate, that an order was entered by the court on December 10, 2014, admitting the will to probate. Within 42 days after the effective date of the original order of admission, you may file a petition with the court to require proof of the will by testimony of the witnesses to the will in open court or other evidence, as provided in section 6-21 of the Probate Act of 1975 (755 ILCS 5/6-21). You also have the right under section 8-1 of the Probate Act of 1975 (755 ILCS 5/8-1) to contest the validity of the will by filing a petition with the court within 6 months after admission of the will to probate. RIGHTS OF INTERESTED PERSONS DURING INDEPENDENT ADMINISTRATION; FORM OF PETITION TO TERMINATE ADMINISTRATION The court's order granted independent administration of decedent's estate. This means that the executor or administrator will not have to obtain court orders or file estate papers in court during probate. The estate will be administered without court supervision, unless an interested person asks the court to become involved. Under section 28-4 of the Probate Act of 1975 (755 ILCS 5/28-4) any interested person may terminate independent administration at any time by mailing or delivering a petition to terminate to the clerk of the court. However, if there is a will which directs independent administration, independent administration will be terminated only if the court finds there is good cause to require supervised administration; and if the petitioner is a creditor or non-residuary legatee, independent administration will be terminated only if the court finds that termination is necessary to protect the petitioner's interest. A petition in substantially the following form may be used to terminate independent administration: IN THE CIRCUIT COURTFOR THE FIFTH JUDICIAL CIRCUIT OF ILLINOIS VERMILION COUNTY, DANVILLE, ILLINOIS IN THE MATTER OF THE ESTATE OF GOLDIE B. McKINLEY, No. 14 P 204 (D) Deceased. PETITION TO TERMINATE INDEPENDENT ADMINISTRATION ___________________, on oath states: name of petitioner 1. On December 10, 2014, an Order was entered granting Independent Administration to Lori Gillen, as Independent Executor. 2. I am an interested person in this estate as ____________________________ (heir) (non-residuary legatee) (residuary legatee) (creditor) (representative) 3. The will does not direct independent administration. 4. I request that independent administration be terminated. ________________________ Signature of Petitioner Signed and sworn to before me this _______ day of______________________________ ________________________________ NOTARY PUBLIC In addition to the right to terminate independent administration, any interested person may petition the court to hold a hearing and resolve any particular question that may arise during independent administration, even though supervised administration has not been requested (755 ILCS 5/28-5). The independent representative must mail a copy of the estate inventory and final account to each interested person and must send notice to or obtain the approval of each interested person before the estate can be closed (755 ILCS 5/28-6 and 5/18-11). Any interested person has the right to question or object to any item included in or omitted from an inventory or accounting or to insist on a full court accounting of all receipts and disbursements with prior notice, as required in supervised administration (755 ILCS 5/28-11). Lori Gillen, Independent Executor Charles D. Mockbee III Attorney for Independent Executor 711 N. Gilbert Street Danville, Illinois 61832 Telephone: (217) 446-9208
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