SB2748 - 104th General Assembly (2025-2026)

CHARITABLE ORG BFY-PROBATE
Last Action

3/11/2026 - Senate: Placed on Calendar Order of 2nd Reading March 12, 2026
Hearings

Judiciary Hearing Mar 11 2026 3:00PM Capitol 400 Springfield, IL
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.

Senate 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.
Actions

DateChamberAction
1/13/2026SenateFiled with Secretary by Sen. Robert F. Martwick
1/13/2026SenateFirst Reading
1/13/2026SenateReferred to Assignments
1/13/2026SenateAdded as Co-Sponsor Sen. Michael W. Halpin
1/14/2026SenateAdded as Co-Sponsor Sen. Karina Villa
1/16/2026SenateAdded as Chief Co-Sponsor Sen. Adriane Johnson
2/03/2026SenateAssigned to Judiciary
2/04/2026SenateAdded as Co-Sponsor Sen. David Koehler
2/04/2026SenateAdded as Co-Sponsor Sen. Paul Faraci
2/04/2026SenateAdded as Co-Sponsor Sen. Michael E. Hastings
2/05/2026SenateAdded as Co-Sponsor Sen. Mike Porfirio
3/03/2026SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Robert F. Martwick
3/03/2026SenateSenate Committee Amendment No. 1 Referred to Assignments
3/04/2026SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
3/11/2026SenateAdded as Co-Sponsor Sen. Julie A. Morrison
3/11/2026SenateAdded as Co-Sponsor Sen. Sara Feigenholtz
3/11/2026SenateSenate Committee Amendment No. 1 Adopted
3/11/2026SenateDo Pass as Amended Judiciary; 009-000-000
3/11/2026SenatePlaced on Calendar Order of 2nd Reading March 12, 2026