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


Sen. Adriane Johnson

Filed: 5/5/2023





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2    AMENDMENT NO. ______. Amend House Bill 1268, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Probate Act of 1975 is amended by changing
6Section 6-13 as follows:
7    (755 ILCS 5/6-13)  (from Ch. 110 1/2, par. 6-13)
8    Sec. 6-13. Who may act as executor.)
9    (a) A person who has attained the age of 18 years, and is a
10resident of the United States, is not of unsound mind, is not
11an adjudged person with a disability as defined in this Act, is
12not currently incarcerated in State or federal prison, and,
13except as provided in subsection (c), has not been convicted
14of a felony, is qualified to act as executor.
15    (b) If a person named as executor in a will is not
16qualified to act at the time of admission of the will to



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1probate but thereafter becomes qualified and files a petition
2for the issuance of letters, takes oath and gives bond as
3executor, the court may issue letters testamentary to him as
4co-executor with the executor who has qualified or if no
5executor has qualified the court may issue letters
6testamentary to him and revoke the letters of administration
7with the will annexed.
8    (c) A person who has been convicted of a felony is
9qualified to act as an executor if: (i) the testator names that
10person as an executor and expressly acknowledges in the will
11that the testator is aware that the person has been convicted
12of a felony, and if the felony is a financial crime that the
13testator is aware that the felony is financial in nature,
14prior to the execution of the will or codicil; (ii) the person
15is not prohibited by law, including Sections 2-6, 2-6.2, and
162-6.6, from receiving a share of the testator's estate; (iii)
17the person was not previously convicted of financial
18exploitation of an elderly person or a person with a
19disability, financial identity theft, or a similar crime in
20another state or in federal court; and (iv) the person is
21otherwise qualified to act as an executor under subsection
23    (d) The court may in its discretion require a nonresident
24executor to furnish a bond in such amount and with such surety
25as the court determines notwithstanding any contrary provision
26of the will.



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1(Source: P.A. 99-143, eff. 7-27-15.)".