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1 | | on behalf of the testator. |
2 | | "Testator" means a person who executed a will, other than |
3 | | as a witness or official to whom acknowledgment of signing was |
4 | | given. |
5 | | "Will" refers to an original: |
6 | | (1) will; |
7 | | (2) codicil; |
8 | | (3) will and one or more codicils; |
9 | | (4) trust; |
10 | | (5) trust and one or more trust amendments; or |
11 | | (6) any other attachments, addendums, or other related |
12 | | documents to items (1) through (5). |
13 | | (b) If a county recorder's office maintains a computer |
14 | | system with the capability of scanning and securely storing |
15 | | electronic image files and corresponding index information, |
16 | | the county recorder may implement a county will repository |
17 | | pursuant to this Section to privately store electronic copies |
18 | | of wills. If a county recorder implements a will repository, |
19 | | they shall create a registration form to be signed by the |
20 | | testator which: |
21 | | (1) states the testator's full first, middle, and last |
22 | | name and all previous names by which the testator may have |
23 | | been known; |
24 | | (2) states the testator's date of birth and last four |
25 | | digits of the testator's Social Security number; |
26 | | (3) states the testator's current address; |
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1 | | (4) affirms that the document being presented to the |
2 | | county recorder is the testator's will; |
3 | | (5) lists the full names of up to 10 individuals to |
4 | | whom the county recorder is authorized to deliver the will |
5 | | upon the death of the testator and a space to indicate if |
6 | | there are additional names attached. The county recorder |
7 | | shall prepare a form addendum for attachment to the |
8 | | registration form for the testator to list additional full |
9 | | names in addition to the 10 individuals listed on the |
10 | | registration form. The addendum shall contain a disclaimer |
11 | | that only individuals listed on the registration form or |
12 | | addendum are eligible to retrieve a copy of the will |
13 | | without a court order; |
14 | | (6) has a section reserved for county recorder office |
15 | | staff where the employee accepting the document will write |
16 | | the name of the testator, name of the depositor, date of |
17 | | deposit, confirmation that photo identification was |
18 | | inspected, and a space to indicate the employee name or |
19 | | identification number; |
20 | | (7) has a blank 3 inch by 5 inch section in the upper |
21 | | right corner of the front side to affix a unique document |
22 | | number, date and time of deposit, and amount of recording |
23 | | fee; and |
24 | | (8) has the option to include the location of the |
25 | | original signed copy of the will. |
26 | | (c) If a county has created a will repository, a depositor |
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1 | | may present a will for scanning into the will repository if he |
2 | | or she presents a signed and completed registration form as |
3 | | described in subsection (b). If a depositor is not the |
4 | | testator, the county recorder may require proof of authority to |
5 | | register the will for scanning including requiring a depositor |
6 | | affidavit to be completed. A will shall only be accepted for |
7 | | scanning if it is the original signed will.
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8 | | (d) The county recorder shall collect a fee of $25 for each |
9 | | scanning of a will of up to 10 pages and may charge an |
10 | | additional $1 for each page above 10 pages. The registration |
11 | | form and depositor affidavit, if any, shall not be counted when |
12 | | determining the page count for determining fees. The county |
13 | | recorder shall not collect a separate fee for additional |
14 | | documents concurrently deposited in relation to a single |
15 | | testator or for a single joint will prepared for a husband and |
16 | | wife. Fees collected under this subsection shall be deposited |
17 | | into the recorder's document storage fund as set up by the |
18 | | county treasurer pursuant to Section 3-5018 of the Counties |
19 | | Code.
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20 | | (e) Upon receipt of a will under this Section, the county |
21 | | recorder shall: |
22 | | (1) provide the depositor with a receipt for the |
23 | | registration form and will listing the date and time of |
24 | | filing and the unique document number assigned to the |
25 | | documents; |
26 | | (2) scan in, electronically store, and electronically |
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1 | | affix a unique document number, date and time of deposit, |
2 | | and amount of recording fee in the upper right corner of |
3 | | the registration form; |
4 | | (3) scan in and electronically store a copy of the |
5 | | depositor affidavit and will including electronically |
6 | | affixing the unique document number and date of recording |
7 | | on each page of the will; |
8 | | (4) return the original signed registration form, |
9 | | depositor affidavit, and will to the depositor after |
10 | | scanning in and electronically storing the registration |
11 | | form, depositor affidavit, and will pursuant to items (2) |
12 | | and (3) of this subsection; |
13 | | (5) index the will alphabetically by the name of the |
14 | | testator, by the previous names by which the testator may |
15 | | have been known, by the date of registration of the will, |
16 | | by the names of persons on the registration form or |
17 | | addendum who are eligible to retrieve a copy, and by the |
18 | | unique document number; and |
19 | | (6) upon request and payment of the recorder's |
20 | | non-certified copy charge, provide to the testator a |
21 | | non-certified copy of the registration form, depositor |
22 | | affidavit, and will with the electronically affixed unique |
23 | | document number with a maximum fee of $1 per page. |
24 | | (f) A registration form, depositor affidavit, and will |
25 | | scanned or executed under this Section are not public records. |
26 | | The indexes created under item (5) of subsection (e) are not |
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1 | | public records. |
2 | | (g) During the testator's lifetime, the county recorder |
3 | | shall: |
4 | | (1) keep the electronic images of the registration |
5 | | form, depositor affidavit, and will in a secure database |
6 | | not available to the public with access limited to recorder |
7 | | office staff necessary for the operation of the repository; |
8 | | and |
9 | | (2) deliver a certified copy upon request to: |
10 | | (i) the testator; |
11 | | (ii) a person authorized by the testator, in a |
12 | | writing other than the registration form or addendum, |
13 | | to
receive a copy of the will; or |
14 | | (iii) a person, entity, court, or government |
15 | | agency authorized to receive a certified copy pursuant |
16 | | to an order entered by a court of competent
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17 | | jurisdiction. |
18 | | (h) If the county recorder has custody of a scanned copy of |
19 | | the will after the death of the testator and is notified of the |
20 | | death of the testator by a person to whom the recorder is |
21 | | authorized to deliver a copy of the will in the registration |
22 | | form by presenting a certified copy of the testator's death |
23 | | certificate or by a certified copy of an order of court |
24 | | determining the testator to be deceased, upon receipt of |
25 | | payment of the recorder's fee for certified copies, the county |
26 | | recorder shall promptly deliver a certified copy to the person |
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1 | | or clerk of the circuit court of the county in which the |
2 | | probate of the testator's will may occur as determined under |
3 | | Section 5-1 of the Probate Act of 1975. Copies of the |
4 | | registration form or depositor affidavit shall not be provided |
5 | | to any retriever unless so ordered by a court. |
6 | | (i) Upon inquiry by a person or entity identified in |
7 | | paragraph (2) of subsection (g) or upon inquiry of any person |
8 | | presenting a certified copy of an order of a court requesting |
9 | | documents scanned under this Section, the county recorder shall |
10 | | inform the person whether the name of the relevant testator |
11 | | appears in the county recorder's index of the will repository. |
12 | | If an inquiry is made for a testator that is not found in the |
13 | | database, or if the inquiry is made by someone not listed as |
14 | | eligible to retrieve a copy, the recorder's office staff may |
15 | | not confirm or deny the existence of documents held under this |
16 | | Section. |
17 | | (j) The county recorder may destroy the scanned copy of the |
18 | | registration form, depositor affidavit, and will scanned under |
19 | | this Section if: |
20 | | (1) the county recorder has not received notice of the |
21 | | death of the testator; and |
22 | | (2) at least 100 years have passed since the date the |
23 | | will was scanned into the repository.
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24 | | (k) The county recorder may use fees generated under this |
25 | | Section for the operational expenses of the will repository and |
26 | | for advertising the will repository. |
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1 | | (l) If a testator desires to remove a will from the will |
2 | | repository, or to replace a will, he or she must fill out a |
3 | | removal affidavit proscribed by the recorder's office that |
4 | | affirms his or her desire to remove the will and provide |
5 | | satisfactory identification to confirm he or she is the |
6 | | testator. If the request is to replace a will with a new will, |
7 | | the scanned copy of the will must first be removed using a |
8 | | removal affidavit and the testator or depositor must submit a |
9 | | new registration form and will following the repository |
10 | | guidelines as described in this Section and pay the required |
11 | | fees. There shall be no fee for removing a will scanned under |
12 | | this Section. |
13 | | (m) Recorder office staff may refuse, without liability, to |
14 | | store a copy of a will if the will presented for scanning is |
15 | | illegible, unable to be imaged, if margins are too small for |
16 | | the unique document number or date to appear on each page, or |
17 | | the will appears to not be an original signed document. Wills |
18 | | to be scanned under this Section must be submitted in person |
19 | | and may not be submitted by electronic means. Recorder office |
20 | | staff may not be held liable, either in their personal or |
21 | | official capacities, for any error or omission in the |
22 | | performance of duties related to this Section except for |
23 | | willful or wanton misconduct. |
24 | | (n) Recorder office staff may request to inspect and copy |
25 | | any identification documents deemed necessary to prove the |
26 | | identity of anyone seeking to register or retrieve a copy of a |