Illinois General Assembly - Full Text of HB1268
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1268  103rd General Assembly


Sen. Adriane Johnson

Filed: 4/26/2023





10300HB1268sam001LRB103 24821 LNS 60830 a


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



10300HB1268sam001- 2 -LRB103 24821 LNS 60830 a

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, and if the felony is a financial crime that the
12testator is aware that the felony is financial in nature,
13prior to the execution of the will or codicil; (ii) the person
14is not prohibited by law, including Sections 2-6, 2-6.2, and
152-6.6, from receiving a share of the testator's estate; and
16(iii) the person is otherwise qualified to act as an executor
17under subsection (a).
18    (d) The court may in its discretion require a nonresident
19executor to furnish a bond in such amount and with such surety
20as the court determines notwithstanding any contrary provision
21of the will.
22(Source: P.A. 99-143, eff. 7-27-15.)".