Illinois § 9-3

§ 9-3.

Persons entitled to preference in obtaining letters. The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration and of administration with the will annexed: (a) The surviving spouse or any person nominated by the surviving spouse. (b) The legatees or any person nominated by them, with preference to legatees who are children. (c) The children or any person nominated by them. (d) The grandchildren or any person nominated by them. (e) The parents or any person nominated by them. (f) The brothers and sisters or any person nominated by them. (g) The nearest kindred or any person nominated by them. (h) The representative of the estate of a deceased ward. (i) The Public Administrator. (j) A creditor of the estate. Only a person qualified to act as administrator under this Act may nominate, except that the guardian of the estate, if any, otherwise the guardian of the person, of a person who is not qualified to act as administrator solely because of minority or legal disability may nominate on behalf of the minor or person with a disability in accordance with the order of preference set forth in this Section. A person who has been removed as representative under this Act loses the right to name a successor. When several persons are claiming and are equally entitled to administer or to nominate an administrator, the court may grant letters to one or more of them or to the nominee of one or more of them. (Source: P.A. 99-143, eff. 7-27-15.) (Text of Section after amendment by P.A. 104-123) Sec. 9-3. Persons entitled to preference in obtaining letters. The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration and of administration with the will annexed: (a) The surviving spouse or any person nominated by the surviving spouse. (b) The legatees or any person nominated by them, with preference to legatees who are children. (c) The children or any person nominated by them. (d) The grandchildren or any person nominated by them. (e) The parents or any person nominated by them. (f) The brothers and sisters or any person nominated by them. (g) The nearest kindred or any person nominated by them. (h) The representative of the estate of a deceased ward. (i) The Public Administrator. (j) A creditor of the estate. Only a person qualified to act as administrator under this Act may nominate, except that the guardian of the estate, if any, otherwise the guardian of the person, of a person who is not qualified to act as administrator solely because of minority or legal disability may nominate on behalf of the minor or person with a disability in accordance with the order of preference set forth in this Section. A person who has been removed as representative under this Act loses the right to name a successor. When several persons are claiming and are equally entitled to administer or to nominate an administrator, the court may grant letters to one or more of them or to the nominee of one or more of them. The letters shall provide the names of each administrator if co-administrators are granted by the court. (Source: P.A. 104-123, eff. 1-1-26.)