HB 4722 Illinois House · 104th Regular Session

WILL DEPOSITORY-CIRCUIT CLERK

Summary
Amends the Clerks of Court Act. Authorizes a circuit court clerk of any county to develop and maintain a will depository. Provides a procedure for the clerk to accept for safekeeping a testamentary instrument executed in compliance with the Probate Act of 1975, including a will, codicil, trust, or trust and one or more trust amendments. Allows a depositor to deposit a will with the clerk if the depositor certifies in writing that the depositor is unable to locate the testator after a diligent search. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of $25 for each will deposited, and the clerk may not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2026
Committee Review
Apr 2026
House Passage
Apr 2026
Senate Passage
Governor
Introduced Apr 14, 2026 Last action Apr 14, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 7 edits · Apr 14, 2026
MODERATE
The bill was significantly rewritten to modernize the will depository process by removing the requirement for a 'diligent search' to deposit a will, expanding eligibility to include attorneys and court-authorized persons, and updating the definition of a will to include trusts. The new version also clarifies that depositing a will does not validate its legal standing and adds specific procedures for releasing documents after 100 years.
Scope change
The bill's scope expanded from only allowing testators to deposit wills to also allowing attorneys and court-authorized persons to deposit wills on behalf of others, and the definition of a 'will' was broadened to include trusts and trust amendments.
ELIGIBILITY

Removed the requirement for a depositor to certify they performed a 'diligent search' to locate the testator before depositing a will.

Added attorneys and persons authorized by court order as eligible depositors, removing the previous restriction to only the testator or someone with a written instrument.

DEFINITION

Changed the definition of 'will' from a specific testamentary instrument to a broader document intended to be one, and added 'trust' and 'trust amendments' to the list of acceptable documents.

Updated the definition of 'certified death certificate' to explicitly exclude electronically transmitted certificates unless expressly authorized.

TIMELINE

Added a provision allowing the clerk to destroy a sealed will 100 years after deposit if no death certificate or withdrawal request has been received.

REQUIREMENT

Revised the information disclosure rules, requiring depositors to disclose specific details like birth dates and social security numbers to allow the clerk to index the will properly.

TECHNICAL

Added a clause stating that depositing a will with the clerk does not confer validity or legal weight to the document.

Floor votes · House Apr 14, 2026

How they voted

1090
Passed · 7 other
Total votes 116
Apr 14, 2026
D Democratic76
71 Yea 5
93% Yea
R Republican40
38 Yea 2
95% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
5
Committee
6
Amendments
2
Apr 14, 2026
Introduced
Motion Filed to Reconsider Vote Rep. Elizabeth "Lisa" Hernandez
lower
Apr 14, 2026
Lower · Passed
Third Reading - Short Debate - Passed 111-000-000
lower
Apr 14, 2026
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 8, 2026
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 020-000-000
lower
Apr 7, 2026
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
lower
Mar 31, 2026
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Mar 31, 2026
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Lilian Jiménez
lower
Mar 26, 2026
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 013-007-000
lower
Mar 18, 2026
Committee
Assigned to Judiciary - Civil Committee
lower
Feb 6, 2026
Committee
Referred to Rules Committee
lower
1 primary · 12 co-sponsors

Sponsors