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Rule 110.Explanation of Rights in Independent Administration; Form of Petition to Terminate

Article II. Rules on Civil Proceedings in the Trial Court · Part A. Process and Notice · Last amended 2022 · Last verified July 20, 2026

In one sentenceRule 110 requires heirs and legatees to get a written explanation of their rights when a court grants independent administration of an estate.

Full Text of Ill. S. Ct. R. 110

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When independent administration is granted in accordance with section 28-2 of the Probate Act of 1975, as amended, the notice required to be mailed to heirs and legatees under section 6-10 or section 28-2 of that act shall be accompanied by an explanation of the rights of interested persons prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article II Forms Appendix.
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Plain-English Summary

Independent administration lets an estate’s representative handle most matters without ongoing court supervision. Because that arrangement limits how closely a probate judge watches the process, Rule 110 requires that the notice mailed to heirs and legatees when independent administration is granted include an explanation of their rights.

The explanation has to use the form set out in the Article II Forms Appendix, so every heir and legatee sees the same plain description of what independent administration means for their interest in the estate, regardless of which county or judge is handling the case.

Frequently Asked Questions

What is independent administration of an estate?
It is a form of estate administration, granted under section 28-2 of the Probate Act, that lets the representative handle most matters without seeking court approval for each step.
What does Rule 110 require when independent administration is granted?
It requires the notice mailed to heirs and legatees to include a standard explanation of their rights, using the form in the Article II Forms Appendix.
Who has to receive this rights explanation?
Heirs and legatees entitled to notice under sections 6-10 or 28-2 of the Probate Act.
Is there a required form for this explanation?
Yes, the form appears in the Article II Forms Appendix and should be used or substantially followed.
How is Rule 110 different from Rule 108?
Rule 108 covers notice explaining rights when a will is admitted or denied probate. Rule 110 covers notice explaining rights specifically when independent administration of the estate is granted.

Committee Comments

(February 1980)
This rule was adopted pursuant to new section 28-2(a) of the Probate Act of 1975, effective January 1, 1980.

Amendment History

Adopted February 1, 1980, effective March 1, 1980; amended May 30, 2008, effective immediately; amended Jan. 4, 2013, eff. immediately; amended Dec. 29, 2017, eff. Jan. 1, 2018; corrected June 30, 2022, eff. immediately.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source
Also known as: independent administration illinoisestate rights noticeprobate act 28-2heir rights explanation formindependent administration notice requirements