Ill. R. Cir. Ct. Lake Cnty. 5-3.07

As amended through September 23, 2024

Rule 5-3.07 - Notice of Hearing on Accounts

A. Notice of the hearing on a final account of a representative or on a current account that is intended to be binding pursuant to Section 24-2 of the Probate Act, shall be given to the persons described in Section 24-2 of the Probate Act, as follows:

1. Such Notice shall be in writing accompanied by a copy of the account, except where Notice is to be given by publication.

2. The Notice shall contain the time, place and nature of the hearing and substantially the following sentence: "If the account is approved by the Court upon the hearing, in the absence of fraud, accident or mistake, the account as approved may be binding upon all persons to whom this Notice is given."

3. The Notice shall be given at least seven days prior to the hearing in the manner provided by Supreme Court Rule 11 except when Notice is by publication as herein provided, and except that whenever the person resides outside the continental limits of the United States, the Notice shall be by airmail at least twenty-one days prior to the date of hearing.

4. Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect is filed by the executor or administrator, then Notice shall be given to such person by mailing the same to the last known address and by publication at least once in some newspaper of general circulation published in the County at least twenty-one days prior to the date of the hearing.

5. Proof of such Notice shall be filed on or before the date of the hearing.

6. No Notice need be given to any person from whom a receipt in full is filed or who entered his Appearance in writing and waives Notice.

B. Notice of the hearing on a current or final account of a guardian shall be given to the ward, if living, to each Claimant whose claim has been filed and remains undetermined or unpaid, to the heirs at law or legal representative of a deceased ward, and where entitled, to the Chief Attorney of the Administrator of Veteran Affairs. Such Notice shall be given in the manner provided for in Section A of this Rule.

Ill. R. Cir. Ct. Lake Cnty. 5-3.07

Amended effective 12/31/2017.