Illinois General Assembly - Full Text of HB1268
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Full Text of HB1268  103rd General Assembly




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
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.)