SB3291 - 104th General Assembly (2025-2026)

WILL DEPOSITORY-CIRCUIT CLERK
Last Action
3/26/2026 - Senate: Placed on Calendar Order of 3rd Reading
Statutes Amended In Order of Appearance
705 ILCS 105/16.2 new  
Synopsis As Introduced
Amends the Clerks of Court 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 executed in compliance with the Probate Act of 1975, including a will, codicil, trust, or trust and one or more trust amendments. Allows a depositor to deposit a will with the clerk if the depositor certifies in writing that the depositor is unable to locate the testator after a diligent search. 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.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts provisions of the bill with these changes. 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 will that is defined as a document intended to be a testamentary instrument. Defines "depositor" as the person who is delivering the will for deposit and includes the testator, who is a resident in the county where the will is being deposited or a person authorized by court order. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of up to $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. During the lifetime of the testator, the clerk may release the deposited will only to the testator in person upon proof of identity or pursuant to an order. Makes other changes.
Actions
DateChamberAction
2/03/2026SenateFiled with Secretary by Sen. Bill Cunningham
2/03/2026SenateFirst Reading
2/03/2026SenateReferred to Assignments
2/05/2026SenateAdded as Chief Co-Sponsor Sen. Michael E. Hastings
2/17/2026SenateAdded as Co-Sponsor Sen. Mike Porfirio
2/17/2026SenateAssigned to Judiciary
2/17/2026SenateAdded as Co-Sponsor Sen. Christopher Belt
2/17/2026SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
2/17/2026SenateAdded as Chief Co-Sponsor Sen. Laura Fine
2/17/2026SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
2/18/2026SenateAdded as Co-Sponsor Sen. Robert F. Martwick
2/18/2026SenateAdded as Co-Sponsor Sen. Adriane Johnson
2/19/2026SenateAdded as Co-Sponsor Sen. Mark L. Walker
2/19/2026SenateAdded as Co-Sponsor Sen. Graciela Guzmán
2/26/2026SenateAdded as Co-Sponsor Sen. Willie Preston
3/05/2026SenateDo Pass Judiciary; 009-000-000
3/05/2026SenatePlaced on Calendar Order of 2nd Reading March 10, 2026
3/11/2026SenateAdded as Co-Sponsor Sen. Sara Feigenholtz
3/24/2026SenateSecond Reading
3/24/2026SenatePlaced on Calendar Order of 3rd Reading March 25, 2026
3/24/2026SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
3/24/2026SenateSenate Floor Amendment No. 1 Referred to Assignments
3/25/2026SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
3/25/2026SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 008-000-000
3/26/2026SenateRecalled to Second Reading
3/26/2026SenateSenate Floor Amendment No. 1 Adopted; Cunningham
3/26/2026SenatePlaced on Calendar Order of 3rd Reading