TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.10 DEFINITIONS
Section 400.10 Definitions
Unless otherwise noted, the following definitions shall
apply to this Part:
"Department"
− the Index Department of the Secretary of State.
"Depositor" −
an attorney licensed or formerly licensed to practice in the State of Illinois who
is in possession of a client's will, that attorney's representative,
the guardian for that attorney or the personal representative of that
attorney's decedent's estate.
"Diligent Search"
− a good faith effort to locate the testator using resources such as
telephone directories, Internet name searches, last known addresses or
telephone numbers, known relatives, the Social Security Death Master File,
legal research databases, and other public and private search capabilities.
"Secretary
of State" − the Secretary of State of the State of Illinois.
"Testator" − a
person who executed a will, other than as a witness or official to whom
acknowledgement of signing was given.
"Will"
− an original:
will;
codicil;
will and one
or more codicils;
trust; or
trust and one
or more trust amendments. [15 ILCS 305/5.15]
 | TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.20 DEPOSIT OF WILLS
Section 400.20 Deposit of Wills
a) Prior
to depositing any will with the Department, the depositor shall cause to be
conducted a diligent search for the testator, whether it is known or unknown
if the testator is living. A will may be deposited with the Department
only if the depositor is unable to locate the testator after a diligent
search. [15 ILCS 305/5.15]
b) The
depositor shall complete a certification of search, as set forth in Section
400.30.
c) The
Department may reject any will deposit if a diligent search has not been
conducted.
d) Wills
may only be deposited in person at the Department at 111 East Monroe St., Springfield , Illinois 62756. Deposits of five or more wills will be accepted only by
appointment.
e) Upon
completion of the receipt, as set forth in Section 400.40, the Department will
affix one copy of the receipt to the envelope containing the will and will
seal the envelope securely in the depositor's presence [15 ILCS 305/5.15].
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.30 CERTIFICATION OF SEARCH FOR TESTATOR
Section 400.30 Certification of Search for Testator
a) For
each will deposited with the Department, the depositor must certify, in
writing, that the depositor is unable to locate the testator after a diligent
search. [15 ILCS 305/5.15]
b) The
Department may refuse to accept any will if the depositor does not complete the
certification or if the certification does not contain sufficient information
detailing the search conducted.
c) The
certification shall be in the form set forth in Appendix A and may be obtained
at the Department's Chicago and Springfield offices or at www.cyberdriveillinois.com.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.40 RECEIPT
Section 400.40 Receipt
The Department will issue a receipt to the depositor for
each will deposited. The receipt shall contain:
a) the date of deposit;
b) the name, address and
telephone number of the depositor;
c) the name and last
known address of the testator, as provided by the depositor;
d) a
short description of each document deposited, including, if shown, the date of
execution and the number of pages in the document;
e) alternate
names by which the testator may have been known, the testator's date of birth, and
the last four digits of the testator's social security number, only if provided
by the depositor. [15 ILCS 305/5.15]
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.50 FEES
Section 400.50 Fees
a) The
depositor shall pay a fee of $15 for each deposit of a will. No separate fees
shall be due for additional documents concurrently deposited in relation to
a single testator or for a single joint will prepared for a husband and wife.
[15 ILCS 305/5.15]
b) For
documents not filed concurrently, the depositor shall pay a separate fee of $15
per deposit.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.60 INDEX OF WILLS
Section 400.60 Index of Wills
The Department shall create an index of all wills
deposited. The index shall be categorized alphabetically by the name of the
testator and by any alternate names by which the testator may have been known,
as provided by the depositor.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.70 RELEASE OF WILL BY THE DEPARTMENT
Section 400.70 Release of Will by the Department
a) During
a testator's lifetime, the Department shall release the sealed envelope containing
the will to:
1) the
testator, upon request.
A) The
testator may appear in person at the Department's Springfield office to request
the will. The testator shall furnish signed, photo identification to the
Department and shall acknowledge, in writing, receipt of the sealed envelope
containing the will.
B) The
testator may request his or her will in a written, notarized request. The
Department shall send the sealed envelope containing the will via United States mail, return receipt requested, to the address specified by the testator.
2) A
person authorized by the testator to receive the will. The authorization of
the testator must be in writing and must be notarized.
A) The
person authorized by the testator may appear in person at the Department's Springfield office. He or she shall furnish signed, photo identification to the Department
and shall acknowledge, in writing, receipt of the sealed envelope containing
the will.
B) The
person authorized by the testator may request the will in a written, notarized
request and must include the written authorization of the testator. The
Department shall send the concealed envelope containing the will via United States mail, return receipt requested, to the authorized person at the address
specified by the authorized person.
3) Any
person, entity, court or government agency authorized to receive the envelope pursuant
to an order entered by a court of competent jurisdiction. [15 ILCS
305/5.15] The Department will accept only original, certified court orders.
b) Upon
receipt of a certified copy of the testator's death certificate or certified
copy of a court order declaring the testator to be deceased and a $10 retrieval
fee, the Department shall deliver, via United States mail, return receipt
requested, the sealed envelope containing the will to the clerk of the
circuit court of the county in which the probate of the testator's will may
occur (as determined under Section 5-1 of the Probate Act [755 ILCS 5/5-1]).
[15 ILCS 305/5.15] The notification of the testator's death to the Department
shall also contain the court case number of the probate court handling the testator's
will.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.80 INQUIRIES TO THE DEPARTMENT
Section 400.80 Inquiries to the Department
a) Upon
inquiry of any of the following persons, the Department shall inform the person
whether the name of the relevant testator appears in the index of the wills:
1) a
person authorized, in writing, signed by the testator and notarized, to receive
the envelope;
2) a
person, entity, court or government agency authorized to receive the envelope
pursuant to an order entered by a court of competent jurisdiction. The
Department will accept only original, certified court orders;
3) any
person presenting a certified copy of the testator's death certificate or a
certified copy of an order of a court determining the testator to be deceased.
b) A
confirmation by the Department that a name appears in its index of wills shall
not guarantee that the testator and the subject of the inquiry are one and the
same. Any such confirmation shall only indicate the possibility that the
testator is the individual about whom the inquiry was made.
| TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER IV: SECRETARY OF STATE
PART 400
DEPOSIT OF WILLS
SECTION 400.90 DESTRUCTION OF WILLS
Section 400.90 Destruction of Wills
In the absence of notice of a testator's death, the
Department may destroy any will remaining on deposit for at least 100 years.
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