1 | 1 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1502 Introduced 2/7/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor. LRB103 24822 LNS 51153 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1502 Introduced 2/7/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor. LRB103 24822 LNS 51153 b LRB103 24822 LNS 51153 b A BILL FOR |
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2 | 2 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1502 Introduced 2/7/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 |
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4 | 4 | | 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 |
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5 | 5 | | Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor. |
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6 | 6 | | LRB103 24822 LNS 51153 b LRB103 24822 LNS 51153 b |
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7 | 7 | | LRB103 24822 LNS 51153 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | SB1502LRB103 24822 LNS 51153 b SB1502 LRB103 24822 LNS 51153 b |
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10 | 10 | | SB1502 LRB103 24822 LNS 51153 b |
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11 | 11 | | 1 AN ACT concerning civil law. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The Probate Act of 1975 is amended by changing |
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15 | 15 | | 5 Section 6-13 as follows: |
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16 | 16 | | 6 (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13) |
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17 | 17 | | 7 Sec. 6-13. Who may act as executor.) |
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18 | 18 | | 8 (a) A person who has attained the age of 18 years, and is a |
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19 | 19 | | 9 resident of the United States, is not of unsound mind, is not |
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20 | 20 | | 10 an adjudged person with a disability as defined in this Act, |
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21 | 21 | | 11 and, except as provided in subsection (c), has not been |
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22 | 22 | | 12 convicted of a felony, is qualified to act as executor. |
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23 | 23 | | 13 (b) If a person named as executor in a will is not |
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24 | 24 | | 14 qualified to act at the time of admission of the will to |
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25 | 25 | | 15 probate but thereafter becomes qualified and files a petition |
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26 | 26 | | 16 for the issuance of letters, takes oath and gives bond as |
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27 | 27 | | 17 executor, the court may issue letters testamentary to him as |
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28 | 28 | | 18 co-executor with the executor who has qualified or if no |
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29 | 29 | | 19 executor has qualified the court may issue letters |
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30 | 30 | | 20 testamentary to him and revoke the letters of administration |
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31 | 31 | | 21 with the will annexed. |
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32 | 32 | | 22 (c) A person who has been convicted of a felony is |
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33 | 33 | | 23 qualified to act as an executor if: (i) the testator names that |
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36 | 36 | | |
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37 | 37 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1502 Introduced 2/7/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 |
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39 | 39 | | 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 |
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40 | 40 | | Amends the Probate Act of 1975. Provides that a person who has been convicted of a felony is qualified to act as an executor if: (i) the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony; and (ii) the person is otherwise qualified to act as an executor. |
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41 | 41 | | LRB103 24822 LNS 51153 b LRB103 24822 LNS 51153 b |
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42 | 42 | | LRB103 24822 LNS 51153 b |
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43 | 43 | | A BILL FOR |
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48 | 48 | | |
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49 | 49 | | 755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13 |
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53 | 53 | | LRB103 24822 LNS 51153 b |
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63 | 63 | | SB1502 LRB103 24822 LNS 51153 b |
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66 | 66 | | SB1502- 2 -LRB103 24822 LNS 51153 b SB1502 - 2 - LRB103 24822 LNS 51153 b |
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67 | 67 | | SB1502 - 2 - LRB103 24822 LNS 51153 b |
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68 | 68 | | 1 person as an executor and expressly acknowledges in the will |
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69 | 69 | | 2 that the testator is aware that the person has been convicted |
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70 | 70 | | 3 of a felony; and (ii) the person is otherwise qualified to act |
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71 | 71 | | 4 as an executor under subsection (a). |
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72 | 72 | | 5 (d) The court may in its discretion require a nonresident |
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73 | 73 | | 6 executor to furnish a bond in such amount and with such surety |
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74 | 74 | | 7 as the court determines notwithstanding any contrary provision |
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75 | 75 | | 8 of the will. |
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76 | 76 | | 9 (Source: P.A. 99-143, eff. 7-27-15.) |
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82 | 82 | | SB1502 - 2 - LRB103 24822 LNS 51153 b |
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