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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1763 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 755 ILCS 5/6-1 | from Ch. 110 1/2, par. 6-1 |
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Amends the Probate Act of 1975. Makes a technical change to a Section
concerning probate of wills.
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| | A BILL FOR |
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| | HB1763 | | LRB100 03402 HEP 13407 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Probate Act of 1975 is amended by changing |
| 5 | | Section 6-1 as follows:
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| 6 | | (755 ILCS 5/6-1) (from Ch. 110 1/2, par. 6-1)
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| 7 | | Sec. 6-1. Duty to file will - altering, destroying or |
| 8 | | secreting.) |
| 9 | | (a) Immediately
upon the
the death of the testator any |
| 10 | | person who has the testator's will in his
possession
shall file |
| 11 | | it with the clerk of the court of the proper county and upon
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| 12 | | failure or refusal
to do so, the court on its motion or on the |
| 13 | | petition of any interested person
may issue an
attachment and |
| 14 | | compel the production of the will, subject to the provisions of |
| 15 | | Section 5.15 of the Secretary of State Act. |
| 16 | | (b) If any person wilfully alters or destroys a will |
| 17 | | without the direction
of the testator
or wilfully secretes it |
| 18 | | for the period of 30 days after the death of the
testator is |
| 19 | | known
to him, the person so offending, on conviction thereof, |
| 20 | | shall be sentenced as
in cases
of theft of property classified |
| 21 | | as a Class 3 felony by the law in effect at the
date of the |
| 22 | | offense. The 30-day period does not apply to the Secretary of |
| 23 | | State when acting pursuant to Section 5.15 of the Secretary of |