State of Illinois
91st General Assembly
Legislation

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91_HB3780

 
                                               LRB9112410DJtm

 1        AN ACT in relation to probate.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  Probate  Act  of  1975  is  amended  by
 5    changing Section 6-1 as follows:

 6        (755 ILCS 5/6-1) (from Ch. 110 1/2, par. 6-1)
 7        Sec.  6-1.  Duty  to  file  will; altering, destroying or
 8    secreting.)
 9        (a)  Immediately upon  the  death  of  the  testator  any
10    person  who  has the testator's will in his or her possession
11    shall file it with the clerk  of  the  court  of  the  proper
12    county and upon failure or refusal to do so, the court on its
13    motion  or on the petition of any interested person may issue
14    an attachment and compel the production of the will.
15        (b)  If any person wilfully alters  or  destroys  a  will
16    without the direction of the testator or wilfully secretes it
17    for  the period of 30 days after the death of the testator is
18    known to him  or her, the person so offending, on  conviction
19    thereof,  shall be sentenced as in cases of theft of property
20    classified as a Class 3 felony by the law in  effect  at  the
21    date of the offense.
22    (Source: P.A. 90-159, eff. 7-23-97.)

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