99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0884

 

Introduced 2/11/2015, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/6-1  from Ch. 110 1/2, par. 6-1

    Amends the Probate Act of 1975. Makes a technical change to a Section concerning probate of wills.


LRB099 05484 HEP 25520 b

 

 

A BILL FOR

 

SB0884LRB099 05484 HEP 25520 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 6-1 as follows:
 
6    (755 ILCS 5/6-1)  (from Ch. 110 1/2, par. 6-1)
7    Sec. 6-1. Duty to file will - altering, destroying or
8secreting.)
9    (a) Immediately upon the the death of the testator any
10person who has the testator's will in his possession shall file
11it with the clerk of the court of the proper county and upon
12failure or refusal to do so, the court on its motion or on the
13petition of any interested person may issue an attachment and
14compel the production of the will, subject to the provisions of
15Section 5.15 of the Secretary of State Act.
16    (b) If any person wilfully alters or destroys a will
17without the direction of the testator or wilfully secretes it
18for the period of 30 days after the death of the testator is
19known to him, the person so offending, on conviction thereof,
20shall be sentenced as in cases of theft of property classified
21as a Class 3 felony by the law in effect at the date of the
22offense. The 30-day period does not apply to the Secretary of
23State when acting pursuant to Section 5.15 of the Secretary of

 

 

SB0884- 2 -LRB099 05484 HEP 25520 b

1State Act.
2(Source: P.A. 96-137, eff. 1-1-10.)