Bill Amendment: IL SB3291 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: WILL DEPOSITORY-CIRCUIT CLERK

Status: 2026-06-18 - Sent to the Governor [SB3291 Detail]

Download: Illinois-2025-SB3291-Senate_Amendment_001.html

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Sen. Bill Cunningham

Filed: 3/24/2026

 

 

 

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AMENDMENT TO SENATE BILL 3291
AMENDMENT NO. ______. Amend Senate Bill 3291 by replacing
everything after the enacting clause with the following:
"Section 5. The Clerks of Courts Act is amended by adding
Section 16.2 as follows:
(705 ILCS 105/16.2 new)
Sec. 16.2. Will depository.
(a) The clerk of any circuit court may establish and
maintain a will depository for the voluntary safekeeping of
original wills before the death of the testator.
(b) As used in this Section:
"Certified death certificate" means a record of death
issued by a governmental vital records authority that is
certified as a true copy and does not include an
electronically transmitted certificate unless expressly
authorized by the clerk.

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"Depository" or "will depository" means the secure, sealed
repository for original wills established and maintained under
this Section.
"Depositor" means the person delivering the will for
deposit and includes:
(1) the testator, who is a resident in the county
where the will is being deposited; or
(2) a person authorized by court order.
"Sealed envelope" means an envelope approved by the clerk
that conceals the contents of the will and bears the clerk's
identifying marks, date of deposit, and index number.
"Testator" means the person who executed the will being
deposited and whose death will trigger release of the will.
"Will" means a document deposited by a person intended to
be a testamentary instrument.
"Withdrawal" means the physical return of the deposited
will to the testator or to a person authorized to receive the
will under subsection (h).
(c) A depositor may deposit a will of a living person with
the clerk under this Section. The depositor must be a resident
of the county in which the will is being deposited. The clerk
may assume, without inquiring further, that the depositor of
the will is correct about the depositor's county of residence.
(d) The clerk may charge a fee up to $25 for each will
deposited. The clerk shall not collect a separate fee for
additional documents concurrently deposited in relation to a

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single testator or for a single joint will prepared for a
spouse or legally married person. These fees shall be included
in the fee schedule established under this Section and may be
revised as provided in this Section.
(e) Upon receipt of a will under this Section, the clerk
shall:
(1) provide the depositor with a receipt for the will,
and the receipt shall contain the information designated
on the envelope in accordance with paragraph (3) of this
subsection;
(2) place the will or wills deposited concurrently in
relation to a single testator in one envelope and seal the
envelope securely in the presence of the depositor;
(3) designate on the envelope:
(A) the date of deposit;
(B) the name, address, and telephone number of the
depositor;
(C) the full legal name and last known address of
the testator as provided by the depositor;
(D) the full legal names of the executor or
co-executors; and
(E) with respect to each document enclosed:
(i) a short description of the document,
including, if shown, its date of execution; and
(ii) the number of pages in the document; and
(4) index the will alphabetically by the name of the

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testator and by the alternate names set forth by which the
testator may have been known.
(f) An envelope and will deposited under this Section are
not public records or court records, and are prohibited from
public access and inspection.
At the depositor's option, the depositor shall disclose 2
of the 3 listed pieces of information:
(1) alternate names by which the testator may have
been known;
(2) the testator's birth date, and
(3) the last 4 digits of the testator's social
security number.
(g) During the testator's lifetime, the clerk shall keep
the envelope containing the will sealed.
(h) During the testator's lifetime, the clerk may release
the deposited will only to:
(1) the testator in person upon proof of identity; or
(2) a court pursuant to an order.
No other person may inspect, copy, or obtain information
concerning the contents of the will.
(i) The clerk shall release the testator's sealed will
envelope to any of the executors named on the front of the
envelope if presented with a certified death certificate of
the testator or with a certified copy of an order of court
determining the testator to be deceased. To receive the sealed
will envelope the executor must provide proof of identity. If

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12 months from the testator's date of death have elapsed, and
no named executor has removed the sealed will envelope from
the depository, the clerk shall release it to any heir,
creditor, or interested party who presents a court order
granting them the authority to receive it.
The testator may withdraw the deposited will at any time
upon written request and proof of identity. A will withdrawn
under this subsection is no longer subject to this Section.
(j) If 100 years have elapsed from the date of deposit, and
the clerk has not received either a certified death
certificate or a withdrawal request, the clerk may destroy the
sealed will without further notice.
(k) The clerk is not liable for loss or destruction of a
will deposited under this Section, except for willful
misconduct. If a will cannot be located within a reasonable
period of time, the clerk's office will provide certification
with the information contained in subparagraphs (A) through
(D) of paragraph (3) of subsection (e).
(l) The clerk may adopt forms, affidavits, withdrawal
procedures, and other rules necessary to administer this
Section.
(m) The depositing of a will with any clerk does not confer
validity upon the will or any greater or lesser legal weight,
validity, consideration, or priority than any other will of
the same testator or testators under the provisions of the
Probate Act of 1975.".