Public Act 90-0159 of the 90th General Assembly

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Public Act 90-0159

HB1585 Enrolled                                LRB9003934NTsb

    AN ACT to amend the  Probate  Act  of  1975  by  changing
Section 6-1.

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

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

    (755 ILCS 5/6-1) (from Ch. 110 1/2, par. 6-1)
    Sec.  6-1.  Duty  to  file will - altering, destroying or
secreting.) (a)  Immediately upon the death of  the  testator
any  person  who  has  the  testator's will in his possession
shall file it with the clerk  of  the  court  of  the  proper
county and upon failure or refusal to do so, the court on its
motion  or on the petition of any interested person may issue
an attachment and compel the production of the will.
    (b)  If any person wilfully alters  or  destroys  a  will
without the direction of the testator or wilfully secretes it
for  the period of 30 days after the death of the testator is
known to him, the person so offending, on conviction thereof,
shall  be  sentenced  as  in  cases  of  theft  of   property
classified as a Class 3 felony exceeding $150 in value by the
law in effect at the date of the offense.
(Source: P.A. 79-328.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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