SB3291 - 104th General Assembly (2025-2026)

WILL DEPOSITORY-CIRCUIT CLERK
Last Action
2/03/2026 - Senate: Referred to Assignments
Statutes Amended In Order of Appearance
705 ILCS 105/16.2 new  
Synopsis As Introduced
Amends the Clerks of Court 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 executed in compliance with the Probate Act of 1975, including a will, codicil, trust, or trust and one or more trust amendments. Allows a depositor to deposit a will with the clerk if the depositor certifies in writing that the depositor is unable to locate the testator after a diligent search. 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
2/05/2026SenateAdded as Chief Co-Sponsor Sen. Michael E. Hastings