Sen. Adriane Johnson
Filed: 4/26/2023
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| 1 | AMENDMENT TO HOUSE BILL 1268
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| 2 | AMENDMENT NO. ______. Amend House Bill 1268 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Probate Act of 1975 is amended by changing | ||||||
| 5 | Section 6-13 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, is not | ||||||
| 10 | an adjudged person with a disability as defined in this Act, is | ||||||
| 11 | not currently incarcerated in State or federal prison,
and, | ||||||
| 12 | except as provided in subsection (c), has not been convicted | ||||||
| 13 | of a felony, is qualified to act as executor.
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| 14 | (b) If a person named as executor in a will is not | ||||||
| 15 | qualified to act
at the time of admission of the will to | ||||||
| 16 | probate but thereafter becomes
qualified and files a petition | ||||||
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| 1 | for the issuance of letters, takes oath
and gives bond as | ||||||
| 2 | executor, the court may issue letters testamentary to
him as | ||||||
| 3 | co-executor with the executor who has qualified or if no | ||||||
| 4 | executor
has qualified the court may issue letters | ||||||
| 5 | testamentary to him and revoke
the letters of administration | ||||||
| 6 | with the will annexed.
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| 7 | (c) A person who has been convicted of a felony is | ||||||
| 8 | qualified to act as an executor if: (i) the testator names that | ||||||
| 9 | person as an executor and expressly acknowledges in the will | ||||||
| 10 | that the testator is aware that the person has been convicted | ||||||
| 11 | of a felony, and if the felony is a financial crime that the | ||||||
| 12 | testator is aware that the felony is financial in nature, | ||||||
| 13 | prior to the execution of the will or codicil; (ii) the person | ||||||
| 14 | is not prohibited by law, including Sections 2-6, 2-6.2, and | ||||||
| 15 | 2-6.6, from receiving a share of the testator's estate; and | ||||||
| 16 | (iii) the person is otherwise qualified to act as an executor | ||||||
| 17 | under subsection (a). | ||||||
| 18 | (d) The court may in its discretion require a nonresident | ||||||
| 19 | executor to furnish
a bond in such amount and with such surety | ||||||
| 20 | as the court determines
notwithstanding any contrary provision | ||||||
| 21 | of the will.
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| 22 | (Source: P.A. 99-143, eff. 7-27-15.)".
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