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.)