Illinois General Assembly - Full Text of SB0321
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Full Text of SB0321  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/2/2023, by Sen. Adriane Johnson


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

    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.

LRB103 26282 LNS 52642 b





SB0321LRB103 26282 LNS 52642 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
5Sections 6-13 and 9-1 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, and is
10not an adjudged person with a disability as defined in this Act
11and has not been convicted of a felony, is qualified to act as
13    (b) If a person named as executor in a will is not
14qualified to act at the time of admission of the will to
15probate but thereafter becomes qualified and files a petition
16for the issuance of letters, takes oath and gives bond as
17executor, the court may issue letters testamentary to him as
18co-executor with the executor who has qualified or if no
19executor has qualified the court may issue letters
20testamentary to him and revoke the letters of administration
21with the will annexed.
22    The court may in its discretion require a nonresident
23executor to furnish a bond in such amount and with such surety



SB0321- 2 -LRB103 26282 LNS 52642 b

1as the court determines notwithstanding any contrary provision
2of the will.
3(Source: P.A. 99-143, eff. 7-27-15.)
4    (755 ILCS 5/9-1)  (from Ch. 110 1/2, par. 9-1)
5    Sec. 9-1. Who may act as administrator. A person who has
6attained the age of 18 years, is a resident of the United
7States, is not of unsound mind, and is not an adjudged person
8with a disability as defined in this Act and has not been
9convicted of a felony, is qualified to act as administrator.
10(Source: P.A. 99-143, eff. 7-27-15.)