Removing the Representative
Sections 23-2 and 23-3 of the Illinois Probate Act (755 ILCS 5/23-2 and 23-3) deal with the removal of an estate representative (executor or administrator). Under §23-2, a representative may be removed for the following reasons:
(1) the representative is acting under letters secured by false pretenses;
(2) the representative is adjudged a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code or is adjudged a disabled person;
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the estate;
(5) the representative conducts himself or herself in such a manner as to endanger any co‑representative or the surety on the representative's bond;
(6) the representative fails to give sufficient bond or security, counter security or a new bond, after being ordered by the court to do so;
(7) the representative fails to file an inventory or accounting after being ordered by the court to do so;
(8) the representative conceals himself or herself so that process cannot be served upon the representative or notice cannot be given to the representative;
(9) the representative becomes incapable of or unsuitable for the discharge of the representative's duties; or
(10) there is other good cause.
The court can also remove a representative if he or she ceases to be a U.S. resident.
If I had to guess, I'd say that (4) -- dealing with a representative's waste or mismanagement of the estate -- is the most common reason why a representative might be removed.
In most cases, the party seeking removal (usually a beneficiary of the estate) will file a petition with the court, asking that a citation issue against the representative. The citation will be served on the representative, who must appear in court on the date shown in the citation (known as the "return date"), and -- in the words of §23-3 -- "show cause why he should not be removed for the cause stated in the citation."
