| 4 | | - | AN ACT concerning civil law. |
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| 5 | | - | Be it enacted by the People of the State of Illinois, |
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| 6 | | - | represented in the General Assembly: |
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| 7 | | - | Section 5. The Probate Act of 1975 is amended by changing |
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| 8 | | - | Section 6-13 as follows: |
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| 9 | | - | (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13) |
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| 10 | | - | Sec. 6-13. Who may act as executor.) |
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| 11 | | - | (a) A person who has attained the age of 18 years, and is a |
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| 12 | | - | resident of the United States, is not of unsound mind, is not |
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| 13 | | - | an adjudged person with a disability as defined in this Act, is |
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| 14 | | - | not currently incarcerated in State or federal prison, and, |
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| 15 | | - | except as provided in subsection (c), has not been convicted |
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| 16 | | - | of a felony, is qualified to act as executor. |
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| 17 | | - | (b) If a person named as executor in a will is not |
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| 18 | | - | qualified to act at the time of admission of the will to |
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| 19 | | - | probate but thereafter becomes qualified and files a petition |
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| 20 | | - | for the issuance of letters, takes oath and gives bond as |
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| 21 | | - | executor, the court may issue letters testamentary to him as |
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| 22 | | - | co-executor with the executor who has qualified or if no |
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| 23 | | - | executor has qualified the court may issue letters |
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| 24 | | - | testamentary to him and revoke the letters of administration |
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| 25 | | - | with the will annexed. |
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| 26 | | - | (c) A person who has been convicted of a felony is |
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| 3 | + | 1 AN ACT concerning civil law. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Probate Act of 1975 is amended by changing |
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| 7 | + | 5 Section 6-13 as follows: |
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| 8 | + | 6 (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13) |
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| 9 | + | 7 Sec. 6-13. Who may act as executor.) |
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| 10 | + | 8 (a) A person who has attained the age of 18 years, and is a |
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| 11 | + | 9 resident of the United States, is not of unsound mind, is not |
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| 12 | + | 10 an adjudged person with a disability as defined in this Act, is |
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| 13 | + | 11 not currently incarcerated in State or federal prison, and, |
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| 14 | + | 12 except as provided in subsection (c), has not been convicted |
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| 15 | + | 13 of a felony, is qualified to act as executor. |
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| 16 | + | 14 (b) If a person named as executor in a will is not |
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| 17 | + | 15 qualified to act at the time of admission of the will to |
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| 18 | + | 16 probate but thereafter becomes qualified and files a petition |
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| 19 | + | 17 for the issuance of letters, takes oath and gives bond as |
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| 20 | + | 18 executor, the court may issue letters testamentary to him as |
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| 21 | + | 19 co-executor with the executor who has qualified or if no |
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| 22 | + | 20 executor has qualified the court may issue letters |
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| 23 | + | 21 testamentary to him and revoke the letters of administration |
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| 24 | + | 22 with the will annexed. |
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| 25 | + | 23 (c) A person who has been convicted of a felony is |
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| 33 | | - | qualified to act as an executor if: (i) the testator names that |
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| 34 | | - | person as an executor and expressly acknowledges in the will |
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| 35 | | - | that the testator is aware that the person has been convicted |
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| 36 | | - | of a felony prior to the execution of the will or codicil; (ii) |
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| 37 | | - | the person is not prohibited by law, including Sections 2-6, |
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| 38 | | - | 2-6.2, and 2-6.6, from receiving a share of the testator's |
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| 39 | | - | estate; (iii) the person was not previously convicted of |
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| 40 | | - | financial exploitation of an elderly person or a person with a |
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| 41 | | - | disability, financial identity theft, or a similar crime in |
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| 42 | | - | another state or in federal court; and (iv) the person is |
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| 43 | | - | otherwise qualified to act as an executor under subsection |
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| 44 | | - | (a). |
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| 45 | | - | (d) The court may in its discretion require a nonresident |
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| 46 | | - | executor to furnish a bond in such amount and with such surety |
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| 47 | | - | as the court determines notwithstanding any contrary provision |
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| 48 | | - | of the will. |
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| 49 | | - | (Source: P.A. 99-143, eff. 7-27-15.) |
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| 32 | + | HB1268 Enrolled- 2 -LRB103 24821 LNS 51152 b HB1268 Enrolled - 2 - LRB103 24821 LNS 51152 b |
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| 33 | + | HB1268 Enrolled - 2 - LRB103 24821 LNS 51152 b |
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| 34 | + | 1 qualified to act as an executor if: (i) the testator names that |
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| 35 | + | 2 person as an executor and expressly acknowledges in the will |
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| 36 | + | 3 that the testator is aware that the person has been convicted |
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| 37 | + | 4 of a felony prior to the execution of the will or codicil; (ii) |
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| 38 | + | 5 the person is not prohibited by law, including Sections 2-6, |
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| 39 | + | 6 2-6.2, and 2-6.6, from receiving a share of the testator's |
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| 40 | + | 7 estate; (iii) the person was not previously convicted of |
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| 41 | + | 8 financial exploitation of an elderly person or a person with a |
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| 42 | + | 9 disability, financial identity theft, or a similar crime in |
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| 43 | + | 10 another state or in federal court; and (iv) the person is |
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| 44 | + | 11 otherwise qualified to act as an executor under subsection |
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| 45 | + | 12 (a). |
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| 46 | + | 13 (d) The court may in its discretion require a nonresident |
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| 47 | + | 14 executor to furnish a bond in such amount and with such surety |
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| 48 | + | 15 as the court determines notwithstanding any contrary provision |
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| 49 | + | 16 of the will. |
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| 50 | + | 17 (Source: P.A. 99-143, eff. 7-27-15.) |
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| 51 | + | |
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| 52 | + | |
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| 53 | + | |
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| 54 | + | |
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| 55 | + | |
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| 56 | + | HB1268 Enrolled - 2 - LRB103 24821 LNS 51152 b |
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