Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(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, is a resident of the United States, is not of
unsound mind, is not an adjudged person with a disability as defined in this Act, is not currently incarcerated in State or federal prison,
and, except as provided in subsection (c), 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.
(c) 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 prior to the execution of the will or codicil; (ii) the person is not prohibited by law, including Sections 2-6, 2-6.2, and 2-6.6, from receiving a share of the testator's estate; (iii) the person was not previously convicted of financial exploitation of an elderly person or a person with a disability, financial identity theft, or a similar crime in another state or in federal court; and (iv) the person is otherwise qualified to act as an executor under subsection (a). (d) 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. 103-280, eff. 1-1-24.)
|
