Illinois legislation · 104th General Assembly
Illinois SB3291: WILL DEPOSITORY-CIRCUIT CLERK
Status: Signed into law, July 31, 2026
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.
What the bill says
A bill FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3291Introduced 2/3/2026, by Sen. Bill CunninghamSYNOPSIS AS INTRODUCED: ILCS 105/16.2 new 705 ILCS 105/16.2 new ILCS 105/16.2 new Amends the Clerks of Court Act. Authorizes a circuit court clerk ofany county to develop and maintain a will depository. Provides a procedurefor the clerk to accept for safekeeping a testamentary instrument executedin compliance with the Probate Act of 1975, including a will, codicil,trust, or trust and one or more trust amendments…
From the introduced text, February 3, 2026:
A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3291Introduced 2/3/2026, by Sen. Bill CunninghamSYNOPSIS AS INTRODUCED: ILCS 105/16.2 new 705 ILCS 105/16.2 new ILCS 105/16.2 new Amends the Clerks of Court Act. Authorizes a circuit court clerk ofany county to develop and maintain a will depository. Provides a procedurefor the clerk to accept for safekeeping a testamentary instrument executedin compliance with the Probate Act of 1975, including a will, codicil,trust, or trust and one or more trust amendments. Allows a depositor todeposit a will with the clerk if the depositor certifies in writing thatthe depositor is unable to locate the testator after a diligent search.Creates a procedure for the clerk to follow in accepting, keeping, andreturning these documents. Allows the clerk to charge a fee of $25 for eachwill deposited, and the clerk may not collect a separate fee for additionaldocuments concurrently deposited in relation to a single testator or for asingle joint will prepared for a husband and wife. LRB104 17378 JRC 30803 b LRB104 17378 JRC 30803 b LRB104 17378 JRC 30803 b A BILL FOR SB3291LRB104 17378 JRC 30803 b SB3291 LRB104 17378 JRC 30803 b SB3291 LRB104 17378 JRC 30803 b AN ACT concerning courts. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5.The …