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Illinois General Assembly· SB 3291Governor Approved

WILL DEPOSITORY-CIRCUIT CLERK, the official text

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SB3291 Enrolled                     LRB104 17378 JRC 30803 b

1   AN ACT concerning courts.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Clerks of Courts Act is amended by adding

5 Section 16.2 as follows:

6   (705 ILCS 105/16.2 new)

7   Sec. 16.2. Will depository.

8   (a) The clerk of any circuit court may establish and

9 maintain a will depository for the voluntary safekeeping of

10 original wills before the death of the testator.

11  (b) As used in this Section:

12  "Certified death certificate" means a record of death

13 issued by a governmental vital records authority that is

14 certified as a true copy and does not include an

15 electronically transmitted certificate unless expressly

16 authorized by the clerk.

17  "Depository" or "will depository" means the secure, sealed

18 repository for original wills established and maintained under

19 this Section.

20  "Depositor" means the person delivering the will for

21 deposit and includes:

22  (1) the testator, who is a resident in the county

23  where the will is being deposited; or
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1          (2) a person authorized by court order.

2   "Sealed envelope" means an envelope approved by the clerk

3 that conceals the contents of the will and bears the clerk's

4 identifying marks, date of deposit, and index number.

5   "Testator" means the person who executed the will being

6 deposited and whose death will trigger release of the will.

7   "Will" means a document deposited by a person intended to

8 be a testamentary instrument.

9   "Withdrawal" means the physical return of the deposited

10 will to the testator or to a person authorized to receive the

11 will under subsection (h).

12  (c) A depositor may deposit a will of a living person with

13 the clerk under this Section. The depositor must be a resident

14 of the county in which the will is being deposited. The clerk

15 may assume, without inquiring further, that the depositor of

16 the will is correct about the depositor's county of residence.

17  (d) The clerk may charge a fee up to $25 for each will

18 deposited. The clerk shall not collect a separate fee for

19 additional documents concurrently deposited in relation to a

20 single testator or for a single joint will prepared for a

21 spouse or legally married person. These fees shall be included

22 in the fee schedule established under this Section and may be

23 revised as provided in this Section.

24  (e) Upon receipt of a will under this Section, the clerk

25 shall:

26         (1) provide the depositor with a receipt for the will,
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1   and the receipt shall contain the information designated

2   on the envelope in accordance with paragraph (3) of this

3   subsection;

4   (2) place the will or wills deposited concurrently in

5   relation to a single testator in one envelope and seal the

6   envelope securely in the presence of the depositor;

7   (3) designate on the envelope:

8   (A) the date of deposit;

9   (B) the name, address, and telephone number of the

10  depositor;

11  (C) the full legal name and last known address of

12  the testator as provided by the depositor;

13  (D) the full legal names of the executor or

14  co-executors; and

15  (E) with respect to each document enclosed:

16                   (i) a short description of the document,

17  including, if shown, its date of execution; and

18                   (ii) the number of pages in the document; and

19  (4) index the will alphabetically by the name of the

20  testator and by the alternate names set forth by which the

21  testator may have been known.

22  (f) An envelope and will deposited under this Section are

23 not public records or court records, and are prohibited from

24 public access and inspection.

25  At the depositor's option, the depositor shall disclose 2

26 of the 3 listed pieces of information:
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1   (1) alternate names by which the testator may have

2   been known;

3   (2) the testator's birth date, and

4   (3) the last 4 digits of the testator's social

5   security number.

6   (g) During the testator's lifetime, the clerk shall keep

7 the envelope containing the will sealed.

8   (h) During the testator's lifetime, the clerk may release

9 the deposited will only to:

10  (1) the testator in person upon proof of identity; or

11  (2) a court pursuant to an order.

12  No other person may inspect, copy, or obtain information

13 concerning the contents of the will.

14  (i) The clerk shall release the testator's sealed will

15 envelope to any of the executors named on the front of the

16 envelope if presented with a certified death certificate of

17 the testator or with a certified copy of an order of court

18 determining the testator to be deceased. To receive the sealed

19 will envelope the executor must provide proof of identity. If

20 12 months from the testator's date of death have elapsed, and

21 no named executor has removed the sealed will envelope from

22 the depository, the clerk shall release it to any heir,

23 creditor, or interested party who presents a court order

24 granting them the authority to receive it.

25  The testator may withdraw the deposited will at any time

26 upon written request and proof of identity. A will withdrawn
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1 under this subsection is no longer subject to this Section.

2   (j) If 100 years have elapsed from the date of deposit, and

3 the clerk has not received either a certified death

4 certificate or a withdrawal request, the clerk may destroy the

5 sealed will without further notice.

6   (k) The clerk is not liable for loss or destruction of a

7 will deposited under this Section, except for willful

8 misconduct. If a will cannot be located within a reasonable

9 period of time, the clerk's office will provide certification

10 with the information contained in subparagraphs (A) through

11 (D) of paragraph (3) of subsection (e).

12  (l) The clerk may adopt forms, affidavits, withdrawal

13 procedures, and other rules necessary to administer this

14 Section.

15  (m) The depositing of a will with any clerk does not confer

16 validity upon the will or any greater or lesser legal weight,

17 validity, consideration, or priority than any other will of

18 the same testator or testators under the provisions of the

19 Probate Act of 1975.
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