Illinois 102nd Regular Session Status: Enacted 1 D cosponsors

SB 47 — PROPERTY TRANSFER ON DEATH

Last action — Public Act . . . . . . . . . 102-0068

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the "Real Property Transfer on Death Instrument Act". Changes the definitions of "owner" and "person". Defines "real property". Changes references to "residential real estate property" to references to "real property". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto. Provides that a transfer on death instrument does not need to state consideration or the addresses of the beneficiaries. Provides that if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is void. Provides that if a beneficiary attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary is void as to that beneficiary. Changes the rules under which real property that is subject to a transfer on death instrument is transferred. Provides that a transfer on death instrument may be renounced by the owner's surviving spouse. Makes other changes to provisions regarding: rights of claimants; limitations; and preparation of a transfer on death instrument or its revocation. Makes conforming changes.

Bill Text

Action History

  1. Public Act . . . . . . . . . 102-0068

  2. Effective Date January 1, 2022

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Consent Calendar - Passed 112-000-000

  7. Third Reading - Consent Calendar - First Day

  8. Placed on Calendar Order of 3rd Reading - Consent Calendar

  9. Held on Calendar Order of Second Reading - Consent Calendar

  10. Second Reading - Consent Calendar

  11. Placed on Calendar 2nd Reading - Consent Calendar

  12. Do Pass / Consent Calendar Judiciary - Civil Committee; 015-000-000

  13. Assigned to Judiciary - Civil Committee

  14. Referred to Rules Committee

  15. First Reading

  16. Chief House Sponsor Rep. Michael Halpin

  17. Arrived in House

  18. Third Reading - Passed; 058-000-000

  19. Placed on Calendar Order of 3rd Reading ** April 22, 2021

  20. Second Reading

  21. Placed on Calendar Order of 2nd Reading April 15, 2021

  22. Do Pass Judiciary; 009-000-000

  23. Assigned to Judiciary

  24. Referred to Assignments

  25. First Reading

  26. Filed with Secretary by Sen. Jason A. Barickman

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 181 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 26000
Unaffiliated 18001
Republican 14000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Gillespie — Yea
Harris — Yea
Bailey — Yea
Bennett — Yea
Johnson — Yea
Stewart — Yea
Bush — Yea
Stoller — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Barickman — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 47 do?
Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the "Real Property Transfer on Death Instrument Act". Changes the definitions of "owner" and "person". Defines "real property". Changes references to "residential real estate property" to references to "real property". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto. Provides that a transfer on death instrument does not need to state consideration or the addresses of the beneficiaries. Provides that if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is void. Provides that if a beneficiary attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary is void as to that beneficiary. Changes the rules under which real property that is subject to a transfer on death instrument is transferred. Provides that a transfer on death instrument may be renounced by the owner's surviving spouse. Makes other changes to provisions regarding: rights of claimants; limitations; and preparation of a transfer on death instrument or its revocation. Makes conforming changes.
Who sponsors SB 47?
SB 47 is sponsored by Jason A. Barickman and Michael W. Halpin (Democrat).
What is the current status of SB 47?
This bill has been enacted into law. Introduced January 29, 2021. Enacted.
Where can I track SB 47?
Track SB 47 free on One Click Politics — get push/email alerts when it moves.

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