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


Rep. Lakesia Collins

Filed: 3/9/2023





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2    AMENDMENT NO. ______. Amend House Bill 1268 by replacing
3everything after the enacting clause with the following:
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,
11and, except as provided in subsection (c), has not been
12convicted of a felony, is qualified to act as executor.
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



10300HB1268ham001- 2 -LRB103 24821 LNS 58722 a

1executor, the court may issue letters testamentary to him as
2co-executor with the executor who has qualified or if no
3executor has qualified the court may issue letters
4testamentary to him and revoke the letters of administration
5with the will annexed.
6    (c) A person who has been convicted of a felony is
7qualified to act as an executor if: (i) the testator names that
8person as an executor and expressly acknowledges in the will
9that the testator is aware that the person has been convicted
10of a felony prior to the execution of the will or codicil; (ii)
11the person is not prohibited by law, including Sections 2-6,
122-6.2, and 2-6.6, from receiving a share of the testator's
13estate; and (iii) the person is otherwise qualified to act as
14an executor under subsection (a).
15    (d) The court may in its discretion require a nonresident
16executor to furnish a bond in such amount and with such surety
17as the court determines notwithstanding any contrary provision
18of the will.
19(Source: P.A. 99-143, eff. 7-27-15.)".