SB0321 103RD GENERAL ASSEMBLY

LRB103 26282 LNS 52642 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0321

Introduced 2/2/2023, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

755 ILCS 5/6-13	from Ch. 110 1/2, par. 6-13
755 ILCS 5/9-1	from Ch. 110 1/2, par. 9-1

Amends the Probate Act of 1975. Removes language providing that a person who has been convicted of a felony is not qualified to act as an executor or an administrator.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probate Act of 1975 is amended by changing Sections 6-13 and 9-1 as follows:

(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)

Sec. 6-13. Who may act as executor.)

(a) A person who has attained the age of 18 years and is a resident of the United States, is not of unsound mind, and is not an adjudged person with a disability as defined in this Act and has not been convicted of a felony, is qualified to act as executor.

(b) If a person named as executor in a will is not qualified to act at the time of admission of the will to probate but thereafter becomes qualified and files a petition for the issuance of letters, takes oath and gives bond as executor, the court may issue letters testamentary to him as co-executor with the executor who has qualified or if no executor has qualified the court may issue letters testamentary to him and revoke the letters of administration with the will annexed.

The court may in its discretion require a nonresident executor to furnish a bond in such amount and with such surety as the court determines notwithstanding any contrary provision of the will.

(Source: P.A. 99-143, eff. 7-27-15.)

(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)

Sec. 9-1. Who may act as administrator. A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, and is not an adjudged person with a disability as defined in this Act and has not been convicted of a felony, is qualified to act as administrator.

(Source: P.A. 99-143, eff. 7-27-15.)