Illinois General Assembly - Full Text of HB0745
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Full Text of HB0745  99th General Assembly


Rep. Emanuel Chris Welch

Filed: 4/9/2015





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2    AMENDMENT NO. ______. Amend House Bill 745 by replacing
3everything after the enacting clause with the following:
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



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1    "Will" refers to an original:
2        (1) will;
3        (2) codicil;
4        (3) will and one or more codicils;
5        (4) trust; or
6        (5) trust and one or more trust amendments.
7    (b) A county recorder may implement a county will
8depository pursuant to this Section. If a county recorder
9implements a will depository, they shall create a form
10affidavit, to be signed by the testator and notarized, which:
11        (1) states the testator's full first, middle, and last
12    name;
13        (2) states the testator's date of birth and last four
14    digits of the testator's Social Security number;
15        (3) states the testator's current address;
16        (4) states that the document being presented to the
17    county recorder is the testator's will;
18        (5) lists up to 10 individuals to whom the county
19    recorder is authorized to deliver the will;
20        (6) has a section reserved for county recorder office
21    staff where the employee accepting the document will write
22    the name of the testator, name of the depositor, date of
23    deposit, confirmation that photo identification was
24    inspected, and a space to indicate the employee name or
25    identification number; and
26        (7) has a blank section in the upper right corner of



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1    the front side to affix a unique document number, date and
2    time of deposit, and amount of recording fee.
3    (c) If a county has created a will depository, a depositor
4may deposit a will with the county recorder if they present a
5notarized affidavit under subsection (b). If a depositor is not
6the testator, the county recorder may require proof of
7authority to deposit the will. Wills will only be accepted for
8deposit if they are the originally signed will.
9    (d) The county recorder shall collect a fee of $25 for each
10deposit of a will of up to 10 pages and may charge an
11additional $1 for each page above 10 pages. The county recorder
12shall not collect a separate fee for additional documents
13concurrently deposited in relation to a single testator or for
14a single joint will prepared for a husband and wife.
15    (e) Upon receipt of a will under this Section, the county
16recorder shall:
17        (1) provide the depositor with a receipt for the
18    affidavit and will, which receipt shall contain the
19    information designated on the envelope in accordance with
20    paragraph (3) of this subsection;
21        (2) electronically affix a unique document number,
22    date and time of deposit, and amount of recording fee in
23    the upper right corner of the affidavit;
24        (3) scan in and electronically store a copy of the
25    affidavit and will;
26        (4) place the affidavit and will or wills deposited



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1    concurrently in relation to a single testator in one
2    envelope and seal the envelope securely in the presence of
3    the depositor or depositor's agent;
4        (5) designate on the envelope:
5            (A) the date of deposit;
6            (B) the name, address, and telephone number of the
7        depositor;
8            (C) the name and last known address of the testator
9        as provided by the depositor;
10            (D) at the depositor's option, any and all of the
11        following information:
12                (i) alternate names by which the testator may
13            have been known;
14                (ii) the testator's birth date, and
15                (iii) the last 4 digits of the testator's
16            Social Security number; and
17            (E) with respect to each document enclosed:
18                (i) a short description of the document,
19            including, if shown, its date of execution; and
20                (ii) the number of pages in the document; and
21        (6) index the will alphabetically by the name of the
22    testator, by the alternate names set forth by which the
23    testator may have been known, and by the electronically
24    affixed document number;
25        (7) maintain the envelope in a secure and fireproof
26    location accessible only to authorized county recorder



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1    staff; and
2        (8) upon request, provide to the testator a
3    non-certified copy of the affidavit with the
4    electronically affixed document number and will with a
5    maximum fee of $1 per page.
6    (f) An envelope, affidavit, and will deposited under this
7Section are not public records. The indexes created under item
8(4) of subsection (e) are public records.
9    (g) During the testator's lifetime, the county recorder
11        (1) keep the envelope containing the affidavit and will
12    sealed; and
13        (2) deliver the envelope to:
14            (i) the testator;
15            (ii) a person authorized, in writing signed by the
16        testator and notarized, to receive the envelope; or
17            (iii) a person, entity, court, or government
18        agency authorized to receive the envelope pursuant to
19        an order entered by a court of competent jurisdiction.
20    (h) If the county recorder has custody of the will after
21the death of the testator and is notified of the death of the
22testator by means of a certified copy of the testator's death
23certificate or by a certified copy of an order of court
24determining the testator to be deceased, upon receipt of
25payment of a retrieval fee in the amount of $10, the county
26recorder shall promptly deliver the sealed envelope to the



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1clerk of the circuit court of the county in which the probate
2of the testator's will may occur as determined under Section
35-1 of the Probate Act of 1975.
4    (i) Upon inquiry by a person identified in paragraph (2) of
5subsection (g), or upon inquiry of any person presenting a
6certified copy of the testator's death certificate or a
7certified copy of an order of a court determining the testator
8to be deceased, the county recorder shall inform the person
9whether the name of the relevant testator appears in the county
10recorder's indexes of wills. For the purposes of this
11subsection, the county recorder need not be certain that the
12testator is the one being inquired about, but may release that
13information if it is possible that the testator is that one.
14    (j) The county recorder may destroy an affidavit and will
15deposited under this Section if:
16        (1) the county recorder has not received notice of the
17    death of the testator; and
18        (2) at least 100 years have passed since the date the
19    will was deposited.
20    (k) The county recorder may use fees generated under this
21Section for the operational expenses of the will depository and
22for advertising the will depository.".