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Citations to Recover or Discover Property

11 12.07

The
representative (administrator or executor) of an estate can sue in any court for property taken from the decedent. A
summary procedure is also provided for in a supplemental proceeding before the same probate court handling the estate.

The representative can file a petition for a citation either to discover property or to recover it.

The court orders the citation to issue commanding the person to  whom it is directed to appear and respond and the citation is served on the respondent by the Sheriff just like any  other lawsuit. Any interested party can also bring a citation against the representative.

Illinois Abatement

11 12.07

ABATEMENT

When an estate is not large enough to pay all the expenses, taxes and gifts in a will then there are rules to determine which payments will decrease or "abate". Generally residuary bequests abate first. These are gifts of "everything else" or "the balance of my estate". Then general legacies abate pro rata and then specific legacies abate pro rata.