HB 4722 — WILL DEPOSITORY-CIRCUIT CLERK

*LRB10417379JRC30804b* HB4722 104THEngrossed GENERALLRB104 ASSEMBLY17379 StateJRC of30804 Illinoisb andAN 2026ACT HB4722concerning bycourts. Rep.

Lilian Jiménez SYNOPSIS AS INTRODUCED:

ILCS 105/16.2 new 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.

LRB104 17379 JRC 30804 b A BILL FOR HB4722 LRB104 17379 JRC 30804 b AN ACT concerning courts.

(1) the testator;testator, who is a resident in the county where the will is being deposited;

(2)or an attorney in possession of the will who HB4722 Engrossed - 2 - LRB104 17379 JRC 30804 b certifies(2) thata theperson testatorauthorized cannotby becourt locatedorder. after diligent search;

or (3) a person authorized in a written instrument signed by the testator.

"Diligent search" means a good faith effort to locate the testator that includes, at a minimum, inquiry at the testator's last known address, review of the depositor's client records, and at least one written notice sent by United States mail or commercial delivery service to the last known address of the testator.

"Will" means a testamentarydocument instrumentdeposited executedby ina complianceperson withintended Articleto IVbe of the Probate Act of 1975, including a will,testamentary codicil,instrument. trust, or trust and one or more trust amendments.

The clerk may assume, without inquiring further, that the depositor of the HB4722 - 3 - LRB104 17379 JRC 30804 b will is correct about the depositor's county of residence,residence. and that the depositor has made a diligent search as required under this Section.

A(d) depositorThe clerk may depositcharge a willfee withup the clerk if the depositor certifies in writing that the depositor is unable to locate$25 thefor testatoreach afterwill adeposited. diligent search.

The certificationclerk shall benot oncollect a formseparate fee for additional documents concurrently deposited in relation to bea providedsingle bytestator theor clerk'sfor office.a single joint will prepared for a spouse or legally married person.

This Section applies whether it is known or unknown whether the testator is living.

(d) The clerk may charge a fee of $25 for each will deposited.

The clerk shall 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.

(1) provide the depositor with a receipt for the will, HB4722 Engrossed - 3 - LRB104 17379 JRC 30804 b and the receipt shall contain the information designated on the envelope in accordance with paragraph (3) of this subsection;

HB4722 - 4 - LRB104 17379 JRC 30804 b (A) the date of deposit;

(C) the full legal name and last known address of the testator as provided by the depositor;

(D) at the depositor'sfull option,legal anynames and all of the followingexecutor information:or co-executors;

(i) alternate names by which the testator may have been known;

(ii) the testator's birth date, and (iii) the last 4 digits of the testator's social security number;

(f) An envelope and will deposited under this Section are not public records.records or court records, and are prohibited from public access and inspection.

(g)At Duringthe depositor's option, the testator'sdepositor lifetime,shall disclose 2 of the clerk3 shall:listed pieces of information:

HB4722 Engrossed - 4 - LRB104 17379 JRC 30804 b (1) keepalternate thenames envelopeby containingwhich the willtestator sealed;may have been known;

(2) the testator's birth date, and (2)(3) deliverthe last 4 digits of the envelopetestator's to:social security number.

(A)(g) During the testator;testator's lifetime, the clerk shall keep the envelope containing the will sealed.

(B)(h) aDuring personthe authorized,testator's inlifetime, writing signed by the HB4722clerk -may 5release -the LRB104deposited 17379will JRConly 30804to: b testator and notarized, to receive the envelope;

or (C) a person, entity, court, or government agency authorized to receive the envelope under an order entered by a court.

(h) During the lifetime of the testator, the clerk may release the deposited will only to:

or (2) a personcourt authorizedpursuant into aan writtenorder. instrument signed by the testator;

or (3) a court pursuant to order.

(i) UponThe presentationclerk ofshall arelease certifiedthe deathtestator's certificatesealed orwill byenvelope ato certifiedany copy of an order of court determining the testatorexecutors tonamed beon deceased, the clerkfront shallof promptly deliver the sealed will envelope toif thepresented clerkwith ofa thecertified circuitdeath courtcertificate of the countytestator inor whichwith thea probatecertified copy of thean testator'sorder willof maycourt occurdetermining as determined under Section 5-1 of the Probatetestator Actto ofbe 1975.deceased.

To receive the sealed will envelope the executor must provide proof of identity.

If 12 months from the testator's date of death have elapsed, and no named executor has removed the sealed will envelope from the depository, the clerk shall release it to any heir, creditor, or interested party who presents a court order granting them the authority to receive it.

A will withdrawn HB4722 Engrossed - 5 - LRB104 17379 JRC 30804 b under this subsection is no longer subject to this Section.

(k) The clerk is not liable for loss or destruction of a HB4722 - 6 - LRB104 17379 JRC 30804 b will deposited under this Section, except for willful misconduct.