HB1268 EnrolledLRB103 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, is 
11not currently incarcerated in State or federal prison,
and, 
12except as provided in subsection (c), has not been convicted 
13of a felony, is qualified to act as executor.

14    (b) If a person named as executor in a will is not 
15qualified to act
at the time of admission of the will to 
16probate but thereafter becomes
qualified and files a petition 
17for the issuance of letters, takes oath
and gives bond as 
18executor, the court may issue letters testamentary to
him as 
19co-executor with the executor who has qualified or if no 
20executor
has qualified the court may issue letters 
21testamentary to him and revoke
the letters of administration 
22with the will annexed.

23    (c) A person who has been convicted of a felony is 
 
 
HB1268 Enrolled- 2 -LRB103 24821 LNS 51152 b

1qualified to act as an executor if: (i) the testator names that 
2person as an executor and expressly acknowledges in the will 
3that the testator is aware that the person has been convicted 
4of a felony prior to the execution of the will or codicil; (ii) 
5the person is not prohibited by law, including Sections 2-6, 
62-6.2, and 2-6.6, from receiving a share of the testator's 
7estate; (iii) the person was not previously convicted of 
8financial exploitation of an elderly person or a person with a 
9disability, financial identity theft, or a similar crime in 
10another state or in federal court; and (iv) the person is 
11otherwise qualified to act as  an executor under subsection 
12(a). 
13    (d) The court may in its discretion require a nonresident 
14executor to furnish
a bond in such amount and with such surety 
15as the court determines
notwithstanding any contrary provision 
16of the will.

17(Source: P.A. 99-143, eff. 7-27-15.)