Bill > HB4722

This bill allows circuit court clerks in any county to establish and manage a will depository, which is a secure, sealed repository for original wills before the testator's death. A testator, or in specific circumstances an attorney or authorized representative, can deposit a will, which is defined as a testamentary instrument like a will, codicil, trust, or trust amendment that meets the requirements of the Probate Act of 1975. The bill outlines procedures for accepting, storing, and returning these documents, including a requirement for a "diligent search" if the depositor cannot locate the testator, meaning a good faith effort to find them. Clerks can charge a $25 fee per deposited will, with no additional fees for related documents for the same testator or joint wills. The deposited wills are not public records and will be kept sealed during the testator's lifetime, only to be released to the testator, a specifically authorized person, or by court order. Upon presentation of a death certificate or court order, the clerk will deliver the will to the appropriate circuit court for probate. The bill also includes provisions for the destruction of wills after 100 years if unclaimed and limits the clerk's liability to willful misconduct.

https://www.ilga.gov/Legislation/BillStatus?DocNum=4722&GAID=18&DocTypeID=HB&SessionID=114&GA=104