Bill Text: IL SB3098 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Probate Act of 1975. Removes language providing that a person who has been convicted of a felony is not qualified to act as an executor or an administrator.

Sponsorship: Partisan Bill (Democrat 7)

Status: (Introduced - Dead) 2022-03-11 - Added as Co-Sponsor Sen. Cristina H. Pacione-Zayas [SB3098 Detail]

Download: Illinois-2021-SB3098-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3098 Introduced 1/11/2022, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13
755 ILCS 5/9-1 from Ch. 110 1/2, par. 9-1
Amends the Probate Act of 1975. Removes language providing that a person who has been convicted of a felony is not qualified to act as an executor or an administrator.
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A BILL FOR
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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
Sections 6-13 and 9-1 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, and is
not an adjudged person with a disability as defined in this Act
and 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.
The court may in its discretion require a nonresident
executor to furnish a bond in such amount and with such surety

SB3098 - 2 - LRB102 23537 LNS 32719 b
as the court determines notwithstanding any contrary provision
of the will.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
Sec. 9-1. Who may act as administrator. A person who has
attained the age of 18 years, is a resident of the United
States, is not of unsound mind, and is not an adjudged person
with a disability as defined in this Act and has not been
convicted of a felony, is qualified to act as administrator.
(Source: P.A. 99-143, eff. 7-27-15.)