Illinois General Assembly - Full Text of HB1268
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Full Text of HB1268  103rd General Assembly

HB1268 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1268

 

Introduced 1/31/2023, by Rep. Lakesia Collins - Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/6-13  from Ch. 110 1/2, par. 6-13

    Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor.


LRB103 24821 LNS 51152 b

 

 

A BILL FOR

 

HB1268LRB103 24821 LNS 51152 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Section 6-13 as follows:
 
6    (755 ILCS 5/6-13)  (from Ch. 110 1/2, par. 6-13)
7    Sec. 6-13. Who may act as executor.)
8    (a) A person who has attained the age of 18 years, and is a
9resident of the United States, is not of unsound mind, is not
10an adjudged person with a disability as defined in this Act,
11and, except as provided in subsection (c), has not been
12convicted of a felony, is qualified to act as executor.
13    (b) If a person named as executor in a will is not
14qualified to act at the time of admission of the will to
15probate but thereafter becomes qualified and files a petition
16for the issuance of letters, takes oath and gives bond as
17executor, the court may issue letters testamentary to him as
18co-executor with the executor who has qualified or if no
19executor has qualified the court may issue letters
20testamentary to him and revoke the letters of administration
21with the will annexed.
22    (c) A person who has been convicted of a felony is
23qualified to act as an executor if: (i) the testator names that

 

 

HB1268- 2 -LRB103 24821 LNS 51152 b

1person as an executor and expressly acknowledges in the will
2that the testator is aware that the person has been convicted
3of a felony; and (ii) the person is otherwise qualified to act
4as an executor under subsection (a).
5    (d) The court may in its discretion require a nonresident
6executor to furnish a bond in such amount and with such surety
7as the court determines notwithstanding any contrary provision
8of the will.
9(Source: P.A. 99-143, eff. 7-27-15.)