HB4206 - 104th General Assembly (2025-2026)

CHARITABLE ORG BFY-PROBATE
Last Action

4/28/2026 - Senate: Placed on Calendar Order of 2nd Reading April 29, 2026
Statutes Amended In Order of Appearance

Synopsis As Introduced

Creates the Charitable Organization Beneficiary Act. Requires a holder of property in which a charitable organization that is exempt from taxation as a 501(c)(3) entity is a designated beneficiary in a nonprobate instrument (excluding wills or trusts) to notify each charitable organization within 30 business days that it may have a right to the property. Creates a process in which the charitable organization may request that it be given information about the property or that the property be delivered to the charitable organization or both. Provides duties and obligations of the holder of the property. Provides the holder of the property protection from liability for a good faith reliance on the information it receives from a designated beneficiary. Provides remedies against a holder of property for a failure or refusal to provide the requested information or transfer of property if the provisions of the Act are followed. Defines terms.

House Committee Amendment No. 1

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Requires that the notice of death to the owner of property include the exact language of the beneficiary designation except that the names of any other beneficiaries that are not charitable organizations may be redacted. Provides that nothing in the Act alters the duties of the holder of the property under the Revised Uniform Unclaimed Property Act or the Unclaimed Life Insurance Benefits Act. Requires that the holder of the property must provide notice to each charitable organization listed under the beneficiary designation that the charitable organization may have a right to the property within 45 business days of the death of the owner of the property. Deletes provisions that provide that (i) any right or title acquired from the charitable organization in consideration of the provision of property or information under the Act is not invalid because of an inadvertent misapplication by the charitable organization; and (ii) a transaction and a lien created by a transaction entered into by the charitable organization and anyone acting in reliance on the affidavit under the Act is enforceable against the property. Provides that if the holder of the property fails or refuses to provide the requested property or information within 60 business days after receiving the affidavit, the charitable organization may bring an action against the holder of the property to receive the information about the property or recover the property or compel the delivery of the property. Provides that the court may award reasonable attorney's fees based on the time expended by the attorney to obtain the requested information or payment, delivery, or transfer of the property without regard to the amount of the recovery on behalf of the charitable organization. Deletes the requirement that verification of a charitable organization's authority may not exceed 30 days from the date of delivery of the affidavit.

House Floor Amendment No. 2

Replaces everything after the enacting clause. Reinserts the provisions of the bill with these changes. Provides that a "beneficiary designation" means a provision in an instrument designating a beneficiary, other than in a will or an instrument creating a trust, and may also mean the instrument itself, including, but not limited to, any of the following: (1) a demand deposit, savings deposit, time deposit or other account or instrument on which the holder is directly liable with a designation for payment upon death or other nonprobate designation making it transferable on death; (2) a security registered in beneficiary form; or (3) a pension, profit-sharing plan, retirement account such as an IRA, 401(k), 403(b), or other employment-related benefit plan. Excludes from this definition a beneficiary made as part of an annuity or an insurance policy. Amends the Unclaimed Life Insurance Benefits Act. Requires an insurer within 120 days after being contacted by the charitable beneficiary to: (1) determine whether the charitable organization has a right to the proceeds of the policy, annuity contract, or a retained asset account; (2) provide a general description of the policy, annuity contract, or a retained asset account that may be held for the benefit of the charitable organization and the exact language of the beneficiary designation; and (3) include information that verifies whether the insurer has already obtained the official death certificate or documentation needed to verify the death of the insured, annuitant, or retained asset account holder. Provides that if the holder of property maintains it is prohibited from paying, delivering, or transferring the property listed under a beneficiary designation to a charitable organization due to requirements under federal law, the holder of the property shall (1) explain in writing the reason why the property cannot be paid, delivered, or transferred to the charitable organization; and (2) take all actions necessary in order to facilitate payment, delivery, or transfer of the property in compliance with this Act. Provides that if a holder of property fails or refuses to comply with the Act, the court may award a charitable organization, among other relief, a penalty in an amount determined by the court up to $10,000 only if the court finds that the holder of the property engaged in bad faith or willful misconduct. Excludes not-for-profit organizations that are the irrevocable sole beneficiary of a life insurance policy covered by the Illinois Insurance Code. Requires an insurer to provide within 120 days the appropriate claims forms or instructions to a holder of property under the Charitable Organization Beneficiary Act. Makes structural changes. Amends the Illinois Insurance Code. Provides that if due proof of death requires a certified copy of the death certificate, then no more than one beneficiary is required to submit a certified copy of the death certificate.
Actions

DateChamberAction
11/20/2025HouseFiled with the Clerk by Rep. Jennifer Gong-Gershowitz
1/14/2026HouseFirst Reading
1/14/2026HouseReferred to Rules Committee
1/22/2026HouseAdded Co-Sponsor Rep. Laura Faver Dias
1/23/2026HouseAdded Co-Sponsor Rep. Lindsey LaPointe
1/23/2026HouseAdded Co-Sponsor Rep. Anna Moeller
1/23/2026HouseAdded Co-Sponsor Rep. Michelle Mussman
1/23/2026HouseAdded Chief Co-Sponsor Rep. Suzanne M. Ness
1/23/2026HouseAdded Co-Sponsor Rep. Kevin John Olickal
1/26/2026HouseAdded Chief Co-Sponsor Rep. Ann M. Williams
1/28/2026HouseAdded Co-Sponsor Rep. Mary Beth Canty
2/11/2026HouseAssigned to Judiciary - Civil Committee
3/09/2026HouseAdded Co-Sponsor Rep. Justin Cochran
3/18/2026HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
3/18/2026HouseHouse Committee Amendment No. 1 Referred to Rules Committee
3/19/2026HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
3/25/2026HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
3/25/2026HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 013-007-000
3/25/2026HousePlaced on Calendar 2nd Reading - Short Debate
4/10/2026HouseSecond Reading - Short Debate
4/10/2026HouseHeld on Calendar Order of Second Reading - Short Debate
4/14/2026HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jennifer Gong-Gershowitz
4/14/2026HouseHouse Floor Amendment No. 2 Referred to Rules Committee
4/14/2026HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee
4/15/2026HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 018-000-000
4/15/2026HouseHouse Floor Amendment No. 2 Adopted
4/15/2026HousePlaced on Calendar Order of 3rd Reading - Short Debate
4/15/2026HouseThird Reading - Short Debate - Passed 111-000-000
4/16/2026SenateArrive in Senate
4/16/2026SenatePlaced on Calendar Order of First Reading
4/16/2026SenateChief Senate Sponsor Sen. Robert F. Martwick
4/16/2026SenateFirst Reading
4/16/2026SenateReferred to Assignments
4/28/2026SenateApproved for Consideration Assignments
4/28/2026SenatePlaced on Calendar Order of 2nd Reading April 29, 2026
4/29/2026SenateAdded as Alternate Co-Sponsor Sen. Ram Villivalam