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IL HB0151
Bill
Status
8/7/2009
Primary Sponsor
Sidney Mathias
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AI Summary
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Amends the Secretary of State Act to establish a will deposit program allowing Illinois attorneys and their representatives to deposit original wills, codicils, trusts, and trust amendments with the Secretary of State when unable to locate the testator after diligent search.
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Secretary of State must charge a $15 deposit fee and $10 retrieval fee, seal deposited wills in envelopes with specific information about the testator and documents, and maintain an alphabetical public index of deposited wills by testator name and alternate names.
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During the testator's lifetime, Secretary of State must keep envelopes sealed and deliver them only to the testator, authorized representatives, or pursuant to court order; after testator's death is confirmed, the sealed envelope must be delivered to the appropriate circuit court clerk upon payment of the $10 retrieval fee.
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Allows Secretary of State to destroy a deposited will if no death notice has been received and at least 100 years have passed since the deposit date.
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Modifies the Probate Act to clarify that the 30-day requirement for filing wills does not apply to the Secretary of State's will deposit program under these new provisions.
Legislative Description
SOS-DEPOSIT OF WILLS
Last Action
Public Act . . . . . . . . . 96-0137
8/7/2009