SB3269 - 104th General Assembly (2025-2026)

WILL DEPOSITORY-CIRCUIT CLERKS
Last Action
2/03/2026 - Senate: Referred to Assignments
Senate Sponsors
Sen. Bill Cunningham
Statutes Amended In Order of Appearance
705 ILCS 105/16.1 new  
Synopsis As Introduced
Amends the Clerks of the Courts Act. Authorizes a circuit court clerk of any county to develop and maintain a will depository. Provides a procedure for the clerk to accept for safekeeping a testamentary instrument including a will, codicil, trust, or trust and one or more trust amendments of a living testator. Provides that the depositor must deposit the will with the clerk in the county in which the testator resided when the will was executed. A depositor may be the testator or an attorney who is in possession of the will with written authorization by the testator. Provides that the clerk is not required to determine if the clerk's county is the correct county for the filing. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of $25 for each will deposited, and the clerk may not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife.
Actions
DateChamberAction
2/03/2026SenateFiled with Secretary by Sen. Bill Cunningham
2/03/2026SenateFirst Reading
2/03/2026SenateReferred to Assignments