Rep. Lakesia Collins

Filed: 3/15/2023





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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, 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



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1for the issuance of letters, takes oath and gives bond as
2executor, the court may issue letters testamentary to him as
3co-executor with the executor who has qualified or if no
4executor has qualified the court may issue letters
5testamentary to him and revoke the letters of administration
6with the will annexed.
7    (c) A person who has been convicted of a felony is
8qualified to act as an executor if: (i) the testator names that
9person as an executor and expressly acknowledges in the will
10that the testator is aware that the person has been convicted
11of a felony prior to the execution of the will or codicil; (ii)
12the person is not prohibited by law, including Sections 2-6,
132-6.2, and 2-6.6, from receiving a share of the testator's
14estate; and (iii) the person is otherwise qualified to act as
15an executor under subsection (a).
16    (d) The court may in its discretion require a nonresident
17executor to furnish a bond in such amount and with such surety
18as the court determines notwithstanding any contrary provision
19of the will.
20(Source: P.A. 99-143, eff. 7-27-15.)".