Bill Text: IL HB1268 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following change. Provides that a person who has been convicted of a felony is qualified to act as an executor if, among other criteria, 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.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Passed) 2023-08-01 - Public Act . . . . . . . . . 103-0280 [HB1268 Detail]

Download: Illinois-2023-HB1268-Enrolled.html

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HB1268 Enrolled LRB103 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

HB1268 Enrolled - 2 - LRB103 24821 LNS 51152 b
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.)