Illinois General Assembly - Full Text of SB1596
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Full Text of SB1596  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/20/2015, by Sen. Dan Kotowski


55 ILCS 5/3-5048 new

    Amends the Counties Code. Provides that a county recorder may implement a county will depository and if so created shall provide a form affidavit for a depositor of a will to file with the deposited will. States the requirements of the form affidavit. Provides for the county recorders duties as it relates to acceptance of wills, storage of wills, release of wills, and destruction of wills. Provides for different fees the county recorder may charge.

LRB099 06862 AWJ 26940 b






SB1596LRB099 06862 AWJ 26940 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Section
53-5048 as follows:
6    (55 ILCS 5/3-5048 new)
7    Sec. 3-5048. Deposit of wills.
8    (a) As used in this Section:
9    "Depositor" means an attorney licensed or formerly
10licensed to practice in the State of Illinois, the attorney's
11representative, the guardian for the attorney, the personal
12representative of the attorney's decedent's estate, or the
14    "Testator" means a person who executed a will, other than
15as a witness or official to whom acknowledgment of signing was
17    "Will" refers to an original:
18        (1) will;
19        (2) codicil;
20        (3) will and one or more codicils;
21        (4) trust; or
22        (5) trust and one or more trust amendments.
23    (b) A county recorder may implement a county will



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1depository pursuant to this Section. If a county recorder
2implements a will depository, they shall create a form
3affidavit, to be signed by the testator and notarized, which:
4        (1) states the testator's full first, middle, and last
5    name;
6        (2) states the testator's date of birth and last four
7    digits of the testator's Social Security number;
8        (3) states the testator's current address;
9        (4) states that the document being presented to the
10    county recorder is the testator's will;
11        (5) lists up to 10 individuals to whom the county
12    recorder is authorized to deliver the will;
13        (6) has a section reserved for county recorder office
14    staff where the employee accepting the document will write
15    the name of the testator, name of the depositor, date of
16    deposit, confirmation that photo identification was
17    inspected, and a space to indicate the employee name or
18    identification number; and
19        (7) has a blank section in the upper right corner of
20    the front side to affix a unique document number, date and
21    time of deposit, and amount of recording fee.
22    (c) If a county has created a will depository, a depositor
23may deposit a will with the county recorder if they present a
24notarized affidavit under subsection (b). If a depositor is not
25the testator, the county recorder may require proof of
26authority to deposit the will. Wills will only be accepted for



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1deposit if they are the originally signed will.
2    (d) The county recorder shall collect a fee of $25 for each
3deposit of a will of up to 10 pages and may charge an
4additional $1 for each page above 10 pages. The county recorder
5shall not collect a separate fee for additional documents
6concurrently deposited in relation to a single testator or for
7a single joint will prepared for a husband and wife.
8    (e) Upon receipt of a will under this Section, the county
9recorder shall:
10        (1) provide the depositor with a receipt for the
11    affidavit and will, which receipt shall contain the
12    information designated on the envelope in accordance with
13    paragraph (3) of this subsection;
14        (2) electronically affix a unique document number,
15    date and time of deposit, and amount of recording fee in
16    the upper right corner of the affidavit;
17        (3) scan in and electronically store a copy of the
18    affidavit and will;
19        (4) place the affidavit and will or wills deposited
20    concurrently in relation to a single testator in one
21    envelope and seal the envelope securely in the presence of
22    the depositor or depositor's agent;
23        (5) designate on the envelope:
24            (A) the date of deposit;
25            (B) the name, address, and telephone number of the
26        depositor;



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1            (C) the name and last known address of the testator
2        as provided by the depositor;
3            (D) at the depositor's option, any and all of the
4        following information:
5                (i) alternate names by which the testator may
6            have been known;
7                (ii) the testator's birth date, and
8                (iii) the last 4 digits of the testator's
9            Social Security number; and
10            (E) with respect to each document enclosed:
11                (i) a short description of the document,
12            including, if shown, its date of execution; and
13                (ii) the number of pages in the document; and
14        (6) index the will alphabetically by the name of the
15    testator, by the alternate names set forth by which the
16    testator may have been known, and by the electronically
17    affixed document number;
18        (7) maintain the envelope in a secure and fireproof
19    location accessible only to authorized county recorder
20    staff; and
21        (8) upon request, provide to the testator a
22    non-certified copy of the affidavit with the
23    electronically affixed document number and will with a
24    maximum fee of $1 per page.
25    (f) An envelope, affidavit, and will deposited under this
26Section are not public records. The indexes created under item



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1(4) of subsection (e) are public records.
2    (g) During the testator's lifetime, the county recorder
4        (1) keep the envelope containing the affidavit and will
5    sealed; and
6        (2) deliver the envelope to:
7            (i) the testator;
8            (ii) a person authorized, in writing signed by the
9        testator and notarized, to receive the envelope; or
10            (iii) a person, entity, court, or government
11        agency authorized to receive the envelope pursuant to
12        an order entered by a court of competent jurisdiction.
13    (h) If the county recorder has custody of the will after
14the death of the testator and is notified of the death of the
15testator by means of a certified copy of the testator's death
16certificate or by a certified copy of an order of court
17determining the testator to be deceased, upon receipt of
18payment of a retrieval fee in the amount of $10, the county
19recorder shall promptly deliver the sealed envelope to the
20clerk of the circuit court of the county in which the probate
21of the testator's will may occur as determined under Section
225-1 of the Probate Act of 1975.
23    (i) Upon inquiry by a person identified in paragraph (2) of
24subsection (g), or upon inquiry of any person presenting a
25certified copy of the testator's death certificate or a
26certified copy of an order of a court determining the testator



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1to be deceased, the county recorder shall inform the person
2whether the name of the relevant testator appears in the county
3recorder's indexes of wills. For the purposes of this
4subsection, the county recorder need not be certain that the
5testator is the one being inquired about, but may release that
6information if it is possible that the testator is that one.
7    (j) The county recorder may destroy an affidavit and will
8deposited under this Section if:
9        (1) the county recorder has not received notice of the
10    death of the testator; and
11        (2) at least 100 years have passed since the date the
12    will was deposited.
13    (k) The county recorder may use fees generated under this
14Section for the operational expenses of the will depository and
15for advertising the will depository.