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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0321 Introduced 2/2/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
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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 |
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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.
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| | A BILL FOR |
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| | SB0321 | | LRB103 26282 LNS 52642 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Probate Act of 1975 is amended by changing |
| 5 | | Sections 6-13 and 9-1 as follows:
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| 6 | | (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
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| 7 | | Sec. 6-13. Who may act as executor.) |
| 8 | | (a) A person who has attained
the age of 18 years and is a |
| 9 | | resident of the United States, is not of
unsound mind, and is |
| 10 | | not an adjudged person with a disability as defined in this Act
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| 11 | | and has not been convicted of a felony, is qualified to act as |
| 12 | | executor.
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| 13 | | (b) If a person named as executor in a will is not |
| 14 | | qualified to act
at the time of admission of the will to |
| 15 | | probate but thereafter becomes
qualified and files a petition |
| 16 | | for the issuance of letters, takes oath
and gives bond as |
| 17 | | executor, the court may issue letters testamentary to
him as |
| 18 | | co-executor with the executor who has qualified or if no |
| 19 | | executor
has qualified the court may issue letters |
| 20 | | testamentary to him and revoke
the letters of administration |
| 21 | | with the will annexed.
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| 22 | | The court may in its discretion require a nonresident |
| 23 | | executor to furnish
a bond in such amount and with such surety |