Supporters say will storage option would streamline judicial process
(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.
Partly Sunny
Latest News Stories
Illinois quick hits: Madigan disbarred; taxpayers subsidize medical debt relief
Audit Confirms Utility Losses as Casey Council Approves First Property Tax Hike in Five Years
Reshoring manufacturing will take a more skilled workforce, small manufacturers say
WATCH: Feds take steps to dismantle ED, states respond
Inflation-adjusted teacher salaries drop despite record spending on public education
State officials race clock amid legal changes to gerrymandered maps
Illinois quick hits: CDC’s autism and vaccines website criticized by IDPH
Federal judge orders halt to National Guard deployment in DC
Consumer group files amicus brief on behalf of NRA’s petition to Supreme Court
Report links Minnesota welfare fraud to terrorist funding
White House denies Trump wants to execute ‘seditious’ Dem lawmakers
IL GOP U.S. Senate candidate says state needs balanced representation
