HB1763 100TH GENERAL ASSEMBLY

LRB100 03402 HEP 13407 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1763

Introduced , by Rep. Michael J. Madigan

SYNOPSIS AS INTRODUCED:

755 ILCS 5/6-1

from Ch. 110 1/2, par. 6-1

Amends the Probate Act of 1975. Makes a technical change to a Section concerning probate of wills.

A BILL FOR

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 6-1 as follows:

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

Sec. 6-1. Duty to file will - altering, destroying or secreting.)

(a) Immediately upon the the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.

(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense. The 30-day period does not apply to the Secretary of State when acting pursuant to Section 5.15 of the Secretary of State Act.

(Source: P.A. 96-137, eff. 1-1-10.)