Public Act 0280 103RD GENERAL ASSEMBLY

  
  
  
 

 
Public Act 103-0280
 
HB1268 EnrolledLRB103 24821 LNS 51152 b


  
    AN ACT concerning civil law.
  
 
    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 6-13 as follows:
 



    (755 ILCS 5/6-13)  (from Ch. 110 1/2, par. 6-13)



    Sec. 6-13. Who may act as executor.) 
    (a)  A person who has attained
the age of 18 years, and is a 
resident of the United States, is not of
unsound mind, is not 
an adjudged person with a disability as defined in this Act, is 
not currently incarcerated in State or federal prison,
and, 
except as provided in subsection (c), has not been convicted 
of a felony, is qualified to act as executor.

    (b) If a person named as executor in a will is not 
qualified to act
at the time of admission of the will to 
probate but thereafter becomes
qualified and files a petition 
for the issuance of letters, takes oath
and gives bond as 
executor, the court may issue letters testamentary to
him as 
co-executor with the executor who has qualified or if no 
executor
has qualified the court may issue letters 
testamentary to him and revoke
the letters of administration 
with the will annexed.

    (c) 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 prior to the execution of the will or codicil; (ii) 
the person is not prohibited by law, including Sections 2-6, 
2-6.2, and 2-6.6, from receiving a share of the testator's 
estate; (iii) the person was not previously convicted of 
financial exploitation of an elderly person or a person with a 
disability, financial identity theft, or a similar crime in 
another state or in federal court; and (iv) the person is 
otherwise qualified to act as  an executor under subsection 
(a). 
    (d) The court may in its discretion require a nonresident 
executor to furnish
a bond in such amount and with such surety 
as the court determines
notwithstanding any contrary provision 
of the will.

(Source: P.A. 99-143, eff. 7-27-15.)