Sen. Adriane Johnson
Filed: 5/5/2023
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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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| 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, and if the felony is a financial crime that the | ||||||
| 13 | testator is aware that the felony is financial in nature, | ||||||
| 14 | prior to the execution of the will or codicil; (ii) the person | ||||||
| 15 | is not prohibited by law, including Sections 2-6, 2-6.2, and | ||||||
| 16 | 2-6.6, from receiving a share of the testator's estate; (iii) | ||||||
| 17 | the person was not previously convicted of financial | ||||||
| 18 | exploitation of an elderly
person or a person with a | ||||||
| 19 | disability, financial identity
theft, or a similar crime in | ||||||
| 20 | another state or in federal court;
and (iv) the person is | ||||||
| 21 | otherwise qualified to act as an executor under subsection | ||||||
| 22 | (a). | ||||||
| 23 | (d) The court may in its discretion require a nonresident | ||||||
| 24 | executor to furnish
a bond in such amount and with such surety | ||||||
| 25 | as the court determines
notwithstanding any contrary provision | ||||||
| 26 | of the will.
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| 1 | (Source: P.A. 99-143, eff. 7-27-15.)".
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