IllinoisIllinois court clerks may store residents' wills starting in 2027
Starting January 1, 2027, Illinois circuit court clerks may offer county residents storage for original wills before death, with fees capped at $25.
What it does
Starting January 1, 2027, Illinois circuit court clerks may offer residents voluntary storage of original wills. Storage may cost up to $25, with no separate fee for related documents deposited together.
Stored wills stay sealed and private during life. After death, named executors can retrieve them with proof; others need a court order after 12 months, if no named executor has retrieved the will.
Clerks are legally responsible for lost or destroyed wills only for deliberate wrongdoing. They may destroy sealed wills 100 years after deposit if no certified death certificate or withdrawal request arrived.
Argument forWhere clerks offer storage, residents could keep original wills in a secure place while keeping their contents private during their lives.
Argument againstPeople whose stored wills are lost could have limited ways to hold clerks responsible, because liability requires deliberate wrongdoing.
More detail
Circuit court clerks may offer voluntary storage of original wills before the person who made the will dies. The person depositing the will must live in the county and must be the person who made the will or someone authorized by a court order. Each clerk decides whether to offer storage. Clerks may charge up to $25 per deposited will, but cannot charge separately for related documents deposited together or a single joint will for spouses. Depositing a will does not make it legally valid or change its legal weight compared with the person's other wills. The law takes effect January 1, 2027.
Clerks must keep stored wills sealed during the person's life and follow rules for returning or releasing them. Stored wills and their envelopes are closed to public inspection. An executor is someone named to handle the person's estate. During life, only the person who made the will may retrieve it in person with proof of identity, or a court may receive it under an order. Withdrawal requires a written request. After death, a named executor must show identification and a certified death certificate or certified court order confirming death. An heir, creditor, or other interested person needs a court order to receive the envelope, and no named executor may have already retrieved it. These rules take effect January 1, 2027. The 12-month waiting period for other interested people runs from the will maker's death.
Clerks are legally responsible for lost or destroyed wills only for willful misconduct, meaning deliberate wrongdoing. These rules apply to wills stored with circuit court clerks. Clerks may destroy a sealed will without further notice only if they have received neither a certified death certificate nor a withdrawal request. If a will cannot be found within a reasonable time, the clerk's office must certify the recorded deposit date and identifying information. These rules take effect January 1, 2027. Destruction is allowed once 100 years have elapsed from the deposit date.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 31Public Act . . . . . . . . . 104-0719Latest
- Jul 31Effective Date January 1, 2027
- Jul 31Governor J. B. Pritzker ApprovedBecame Law
- Jun 18Sent to the GovernorTo Governor
- May 22Added Alternate Co-Sponsor Rep. Camille Y. Lilly
- Vote recorded Third Reading. Result: pass.Lower
- May 22Added Alternate Chief Co-Sponsor Rep. Jennifer Sanalitro
- May 22Alternate Co-Sponsor Removed Rep. Jennifer Sanalitro
- May 22Added Alternate Co-Sponsor Rep. Matt Hanson
- May 22Passed Both Houses
- May 22Third Reading - Short Debate - Passed 099-000-000Passed House
- May 21Added Alternate Co-Sponsor Rep. Laura Faver Dias
- May 21Added Alternate Co-Sponsor Rep. Justin Cochran
- May 21Placed on Calendar Order of 3rd Reading - Short Debate
- May 19Held on Calendar Order of Second Reading - Short DebateMinor
- May 19Second Reading - Short DebateMinor
- May 18Added Alternate Co-Sponsor Rep. Debbie Meyers-Martin
- May 18Added Alternate Co-Sponsor Rep. Abdelnasser Rashid
- May 15Added Alternate Co-Sponsor Rep. Emanuel "Chris" Welch
- May 15Added Alternate Co-Sponsor Rep. Kelly M. Cassidy
- May 14Added Alternate Co-Sponsor Rep. Sonya M. Harper
- May 14Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit
- May 14Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
- May 14Added Alternate Co-Sponsor Rep. Gregg Johnson
- May 14Added Alternate Co-Sponsor Rep. Dagmara Avelar
- May 14Added Alternate Co-Sponsor Rep. Mary Gill
- May 14Added Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
- May 14Added Alternate Co-Sponsor Rep. Jennifer Sanalitro
- May 6Added Alternate Co-Sponsor Rep. Michelle Mussman
- Vote recorded Do Pass. Result: pass.Lower
- May 6Added Alternate Co-Sponsor Rep. Natalie A. Manley
- May 6Added Alternate Co-Sponsor Rep. Nicolle Grasse
- May 6Added Alternate Co-Sponsor Rep. La Shawn K. Ford
- May 6Added Alternate Co-Sponsor Rep. Yolonda Morris
- May 6Added Alternate Co-Sponsor Rep. Bob Morgan
- May 6Added Alternate Co-Sponsor Rep. Aarón M. Ortíz
- May 6Added Alternate Co-Sponsor Rep. Edgar González, Jr.
- May 6Added Alternate Co-Sponsor Rep. Michael Crawford
- May 6Added Alternate Co-Sponsor Rep. Justin Slaughter
- May 6Placed on Calendar 2nd Reading - Short DebateMinor
- May 6Do Pass / Short Debate Judiciary - Civil Committee; 018-000-000
- May 4Added Alternate Co-Sponsor Rep. Barbara Hernandez
- May 1Added Alternate Co-Sponsor Rep. Rick Ryan
- Apr 29Added as Co-Sponsor Sen. Mary Edly-Allen
- Apr 27Assigned to Judiciary - Civil CommitteeMinor
- Apr 15Added as Co-Sponsor Sen. Cristina Castro
- Apr 14Referred to Rules Committee
- Vote recorded Third Reading. Result: pass.Upper
- Apr 14First ReadingMinor
- Apr 14Chief House Sponsor Rep. Lilian Jiménez
- Apr 14Arrived in HouseMinor
- Apr 14Added as Co-Sponsor Sen. Mike Simmons
- Apr 14Added as Co-Sponsor Sen. Andrew S. Chesney
- Apr 14Added as Co-Sponsor Sen. Julie A. Morrison
- Apr 14Third Reading - Passed; 055-000-000Passed Senate
- Mar 26Placed on Calendar Order of 3rd Reading
- Mar 26Senate Floor Amendment No. 1 Adopted; CunninghamMajor
- Mar 26Recalled to Second ReadingMinor
- Mar 25Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 008-000-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Mar 25Senate Floor Amendment No. 1 Assignments Refers to Judiciary
- Mar 24Senate Floor Amendment No. 1 Referred to Assignments
- Mar 24Senate Floor Amendment No. 1 Filed with Secretary by Sen. Bill CunninghamMinor
- Mar 24Placed on Calendar Order of 3rd Reading March 25, 2026
- Mar 24Second ReadingMinor
- Mar 11Added as Co-Sponsor Sen. Sara Feigenholtz
- Mar 5Placed on Calendar Order of 2nd Reading March 10, 2026Minor
- Mar 5Do Pass Judiciary; 009-000-000
- Mar 4
- Vote recorded Do Pass. Result: pass.Upper
- Feb 26Added as Co-Sponsor Sen. Willie Preston
- Feb 19Added as Co-Sponsor Sen. Graciela Guzmán
- Feb 19Added as Co-Sponsor Sen. Mark L. Walker
- Feb 18Added as Co-Sponsor Sen. Adriane L. Johnson
- Feb 18Added as Co-Sponsor Sen. Robert F. Martwick
- Feb 17Added as Co-Sponsor Sen. Javier L. Cervantes
- Feb 17Added as Chief Co-Sponsor Sen. Laura Fine
- Feb 17Added as Chief Co-Sponsor Sen. Mattie Hunter
- Feb 17Added as Co-Sponsor Sen. Christopher Belt
- Feb 17Assigned to JudiciaryMinor
- Feb 17Added as Co-Sponsor Sen. Mike Porfirio
- Feb 5Added as Chief Co-Sponsor Sen. Michael E. Hastings
- Feb 3Referred to Assignments
- Feb 3First ReadingMinor
- Feb 3Filed with Secretary by Sen. Bill CunninghamIntroduced
Government & Ethics