summary
Introduced
02/03/2026
02/03/2026
In Committee
02/03/2026
02/03/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill allows circuit court clerks in any county to establish and maintain a will depository for the safekeeping of original testamentary instruments, which include wills, codicils (amendments to wills), trusts, and trust amendments, from living testators (the person making the will). A testator or their authorized attorney can deposit the will with the clerk in the county where the testator resided when they executed the will, and the clerk is not required to verify if it's the correct county. The clerk can charge a $25 fee for each deposited will, but no additional fees for related documents or joint wills for a married couple. The deposited wills are not public records and can only be accessed by the testator, a person with written authorization from the testator, or by court order during the testator's lifetime. Upon presentation of a certified death certificate or court order, the clerk will deliver the will to the appropriate court for probate. Depositing a will does not affect its legal validity. The testator can withdraw their will at any time, and after 100 years with no activity, the clerk may destroy the document unless it's withdrawn. The clerk is generally not liable for lost or destroyed wills, except in cases of willful misconduct.
Sponsors (1)
Last Action
Referred to Assignments (on 02/03/2026)
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