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Sen. Adriane Johnson
Filed: 5/8/2023
| | 10300HB1268sam004 | | LRB103 24821 LNS 61609 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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| | 10300HB1268sam004 | - 2 - | LRB103 24821 LNS 61609 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 prior to the execution of the will or codicil; (ii) |
13 | | the person is not prohibited by law, including Sections 2-6, |
14 | | 2-6.2, and 2-6.6, from receiving a share of the testator's |
15 | | estate; (iii) the person was not previously convicted of |
16 | | financial exploitation of an elderly person or a person with a |
17 | | disability, financial identity theft, or a similar crime in |
18 | | another state or in federal court; and (iv) the person is |
19 | | otherwise qualified to act as an executor under subsection |
20 | | (a). |
21 | | (d) The court may in its discretion require a nonresident |
22 | | executor to furnish
a bond in such amount and with such surety |
23 | | as the court determines
notwithstanding any contrary provision |
24 | | of the will.
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25 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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