Supporters say will storage option would streamline judicial process

By Jim Talamonti | The Center Square
The Center Square

(The Center Square) – Supporters say an Illinois House bill allowing county clerks to develop a will depository would streamline judicial proceedings without the need for additional labor costs.

State Rep. Lilian Jiménez, D-Chicago, told the House Judiciary – Civil Committee that House Bill 4722 would create the option for residents to deposit a will for safekeeping.

“When a will is unable to be located, it leads to otherwise avoidable litigation amongst heirs and unnecessary tension for families, other increased legal costs and judicial inefficiencies,” Jiménez said.

For counties that opt in, Cook County Circuit Court Clerk Mariyana Spyropoulos said residents would be able to keep their wills safe from fire, theft or loss for a fee of up to $25.

“For the court system, having the original document readily accessible in the clerk’s custody streamlines the probate process, reduces the need for lost will hearings and gets families through the legal system faster,” Spyropoulos said.

Spyropoulos said she did not anticipate additional labor costs beyond what is covered by the $25 fee.

State Rep. David Friess, R-Red Bud, asked Spyropoulos if deposited wills would be considered filed.

“Because if you file it, that’s completely different than tendering it to the clerk’s office for safekeeping, because I can amend the will as many times as I want, correct?” Friess asked.

“Correct, yes,” Spyropoulos said, adding that current probate law would still apply.

Jiménez said she filed an amendment clarifying that depositing a will does not confer validity on it and that deposited wills are not public and court records.

As of Monday, 12 witness slips were filed in favor of HB 4722 and there were no witness slips filed in opposition.

The bill passed out of committee by a partisan vote of 13-7.

Spyropoulos said 22 states have legislation that gives counties the will storage option, including Texas, Wisconsin, Indiana and Iowa.