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
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
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
LRB103 24822 LNS 51153 b
A BILL FOR
SB1502LRB103 24822 LNS 51153 b SB1502 LRB103 24822 LNS 51153 b
SB1502 LRB103 24822 LNS 51153 b
1 AN ACT concerning civil law.
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 changing
5 Section 6-13 as follows:
6 (755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
7 Sec. 6-13. Who may act as executor.)
8 (a) A person who has attained the age of 18 years, and is a
9 resident of the United States, is not of unsound mind, is not
10 an adjudged person with a disability as defined in this Act,
11 and, except as provided in subsection (c), has not been
12 convicted of a felony, is qualified to act as executor.
13 (b) If a person named as executor in a will is not
14 qualified to act at the time of admission of the will to
15 probate but thereafter becomes qualified and files a petition
16 for the issuance of letters, takes oath and gives bond as
17 executor, the court may issue letters testamentary to him as
18 co-executor with the executor who has qualified or if no
19 executor has qualified the court may issue letters
20 testamentary to him and revoke the letters of administration
21 with the will annexed.
22 (c) A person who has been convicted of a felony is
23 qualified to act as an executor if: (i) the testator names that
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
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
LRB103 24822 LNS 51153 b
A BILL FOR
755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13
LRB103 24822 LNS 51153 b
SB1502 LRB103 24822 LNS 51153 b
SB1502- 2 -LRB103 24822 LNS 51153 b SB1502 - 2 - LRB103 24822 LNS 51153 b
SB1502 - 2 - LRB103 24822 LNS 51153 b
1 person as an executor and expressly acknowledges in the will
2 that the testator is aware that the person has been convicted
3 of a felony; and (ii) the person is otherwise qualified to act
4 as an executor under subsection (a).
5 (d) The court may in its discretion require a nonresident
6 executor to furnish a bond in such amount and with such surety
7 as the court determines notwithstanding any contrary provision
8 of the will.
9 (Source: P.A. 99-143, eff. 7-27-15.)
SB1502 - 2 - LRB103 24822 LNS 51153 b