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Bill

SB 3291

WILL DEPOSITORY-CIRCUIT CLERK

104th Regular Session Introduced by Jaime Andrade and 43 co-sponsors

Creates local circuit clerk voluntary, secure will depositories for safekeeping original wills, with strict privacy and defined access rules.

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Bill Summary · SB 3291

Summary of SB 3291 (104th Illinois General Assembly)

Purpose and Intent

  • Establishes a new voluntary will depository program within each circuit court clerk’s office.
  • The goal is to provide a secure, convenient, and centralized location for the safekeeping of original wills before the testator’s death, with strict privacy protections and clear procedures for deposits, withdrawals, and releases.

Key Provisions and Changes

Creation of a Will Depository (Section 16.2)

  • A circuit court clerk may establish and maintain a will depository for original wills deposited by living testators.
  • The depository is intended for the voluntary safekeeping of original wills prior to death.

Definitions and Terminology

  • The bill defines several terms to govern operation, including:
    • Depository/Will Depository: the secure repository for original wills.
    • Depositor: the person delivering the will (either the testator who resides in the county or a person authorized by court order).
    • Sealed Envelope: clerk-approved envelope that conceals contents and bears identifying marks, deposit date, and index number.
    • Testator: the person who executed the will.
    • Will: the deposited testamentary document.
    • Withdrawal: the return of the deposited will to the testator or an authorized recipient.

Depositor Eligibility and Deposits

  • A living person who is a resident of the county where the will is deposited may deposit a will.
  • The clerk may assume the depositor is correct about the depositor’s county of residence (no further proof required at deposit).

Fees

  • Clerks may charge up to $25 for each deposited will.
  • No separate fees for additional documents deposited with a single testator or for a joint will (e.g., after a spouse’s death) beyond the base fee; such fees must be included in the clerk’s fee schedule and may be revised under the statute.

Procedures at Deposit

  • Clerks must issue a receipt for the deposited will.
  • Deposited wills (if deposited concurrently for a single testator) must be placed in one sealed envelope in the depositor’s presence.
  • The envelope must be properly labeled with:
    • Deposit date
    • Depositor’s name, address, and phone number
    • Testator’s full legal name and last known address
    • Names of executor(s)
    • For each document: a brief description, date (if shown), and page count
  • The envelope and contents are not public records and are not accessible to the public.

Privacy and Disclosure

  • Depositors may opt to disclose two of three identifying data points:
    1. Alternate names for the testator
    2. The testator’s birth date
    3. The last four digits of the testator’s Social Security number
  • The deposited envelope remains sealed during the testator’s lifetime.

Access and Release

  • During the testator’s lifetime:
    • The clerk may release the will only to the testator in person with proof of identity, or to a court by order.
    • No other person may inspect or obtain information about the contents of the will.
  • Upon death:
    • The clerk may release the sealed will envelope to any executor named on the envelope with a certified death certificate or a certified court order establishing the testator’s death and executor’s identity.
    • If one year passes after death without an executor removing the envelope, the clerk may release it to an heir, creditor, or interested party with a court order.
  • Testator may withdraw the deposited will at any time with written request and proof of identity; a withdrawn will is no longer subject to this Section.

Long-Term Handling and Destruction

  • If 100 years elapse from deposit without a certified death certificate or withdrawal, the clerk may destroy the sealed will without further notice.

Clerk Liability and Administration

  • Clerks are not liable for loss or destruction except in cases of willful misconduct.
  • If a will cannot be located within a reasonable time, the clerk must certify certain identifying information (per e3) to assist in locating.
  • Clerks may adopt forms, affidavits, withdrawal procedures, and other administrative rules as needed.

Effect on Validity

  • Depositing a will in a clerk’s depository does not alter the validity, weight, priority, or treatment of the will under the Probate Act of 1975.

Who Is Affected

  • Circuit court clerks in Illinois (who may establish and operate a will depository).
  • Living testators who are residents of the respective counties and wish to voluntarily deposit their wills.
  • Executors, heirs, creditors, and other interested parties who may seek access to the will after death or through court authorization.
  • Any party seeking withdrawal or release must comply with the prescribed identity and procedural requirements.

Procedural and Timeline Aspects

  • Establishment: Clerks may establish and maintain the depository within their offices.
  • Deposits: Can occur during the testator’s lifetime; fees may be assessed at deposit.
  • During lifetime: Will remains sealed and access is strictly limited.
  • Upon death: Release requires certified death certificate or court order; possible release to heirs/creditors after one year if no executor is active.
  • Post-deposit timeline: 100-year window before potential destruction if no death certificate or withdrawal has occurred.
  • Administrative rules: Clerks may adopt necessary forms and procedures.

Notable Points

  • Privacy protections: Envelopes and contents are not public records.
  • Depository does not confer validity; it is a safekeeping mechanism only.
  • The bill creates a new statutory framework for voluntary, secure wills custody by local clerks.

Compiled from official sources — confirm details with the bill’s official record.

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