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IL SB3789

Bill

Status

Introduced

2/5/2026

Primary Sponsor

Jil Tracy

Click for details

Origin

Senate

104th General Assembly

AI Summary

  • Amends the Illinois Estate and Generation-Skipping Transfer Tax Act to allow surviving spouses to use their deceased spouse's unused Illinois estate tax exclusion amount starting January 1, 2027
  • Aligns Illinois estate tax law with federal "portability" rules under Internal Revenue Code Section 2010, which permit transfer of unused federal estate tax exclusion between spouses
  • Requires a valid federal election for deceased spousal unused exclusion to have been made before the Illinois exclusion applies
  • Defines "Illinois deceased spousal exclusion amount" as the difference between the deceased spouse's applicable exclusion amount and the amount actually used against their estate
  • Takes effect immediately upon becoming law

Legislative Description

ESTATE TAX-SPOUSAL EXCLUSION

Last Action

Added as Co-Sponsor Sen. Donald P. DeWitte

3/10/2026

Committee Referrals

Assignments2/5/2026

Full Bill Text

No bill text available