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Sen. Adriane Johnson
Filed: 5/5/2023
| | 10300HB1268sam003 | | LRB103 24821 LNS 61532 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1268
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1268, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Probate Act of 1975 is amended by changing |
| 6 | | Section 6-13 as follows:
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| 7 | | (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
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| 8 | | Sec. 6-13. Who may act as executor.) |
| 9 | | (a) A person who has attained
the age of 18 years, and is a |
| 10 | | resident of the United States, is not of
unsound mind, is not |
| 11 | | an adjudged person with a disability as defined in this Act, is |
| 12 | | not currently incarcerated in State or federal prison,
and, |
| 13 | | except as provided in subsection (c), has not been convicted |
| 14 | | of a felony, is qualified to act as executor.
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| 15 | | (b) If a person named as executor in a will is not |
| 16 | | qualified to act
at the time of admission of the will to |
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| | 10300HB1268sam003 | - 2 - | LRB103 24821 LNS 61532 a |
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| 1 | | probate but thereafter becomes
qualified and files a petition |
| 2 | | for the issuance of letters, takes oath
and gives bond as |
| 3 | | executor, the court may issue letters testamentary to
him as |
| 4 | | co-executor with the executor who has qualified or if no |
| 5 | | executor
has qualified the court may issue letters |
| 6 | | testamentary to him and revoke
the letters of administration |
| 7 | | with the will annexed.
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| 8 | | (c) A person who has been convicted of a felony is |
| 9 | | qualified to act as an executor if: (i) the testator names that |
| 10 | | person as an executor and expressly acknowledges in the will |
| 11 | | that the testator is aware that the person has been convicted |
| 12 | | of a felony, and if the felony is a financial crime that the |
| 13 | | testator is aware that the felony is financial in nature, |
| 14 | | prior to the execution of the will or codicil; (ii) the person |
| 15 | | is not prohibited by law, including Sections 2-6, 2-6.2, and |
| 16 | | 2-6.6, from receiving a share of the testator's estate; (iii) |
| 17 | | the person was not previously convicted of financial |
| 18 | | exploitation of an elderly
person or a person with a |
| 19 | | disability, financial identity
theft, or a similar crime in |
| 20 | | another state or in federal court;
and (iv) the person is |
| 21 | | otherwise qualified to act as an executor under subsection |
| 22 | | (a). |
| 23 | | (d) The court may in its discretion require a nonresident |
| 24 | | executor to furnish
a bond in such amount and with such surety |
| 25 | | as the court determines
notwithstanding any contrary provision |
| 26 | | of the will.
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