Court Safekeeping of Original Wills in Illinois

At a glance

Requirements one by one

Statutory safekeeping route

Current rule. Under § 6-1(a), a person possessing the testator’s will must file it with the proper court clerk immediately upon the testator’s death. The court can compel production if the holder fails or refuses. Section 6-7 keeps original wills admitted to probate in the clerk’s custody unless a court orders otherwise.

Starting January 1, 2027. New § 16.2(a), enacted by Public Act 104-719, permits each circuit court clerk to establish a voluntary depository for original wills before death. The clerk has discretion to establish it, so availability depends on the office. Section 16.2(c) requires the depositor to reside in the county. The new route does not replace the current after-death filing duty.

Envelope, fee, and lifetime release beginning in 2027

Under § 16.2(b), the clerk-approved envelope conceals the will and bears identifying marks, deposit date, and index number. Section 16.2(e)(1)–(2) calls for a receipt and sealing the envelope in the depositor’s presence. The clerk may charge up to $25 for each will, but no separate fee for related documents deposited together or a single joint will (§ 16.2(d)). Section 16.2(f)–(g) excludes the envelope and will from public inspection and keeps it sealed during the testator’s life. The clerk may release it during life only to the testator in person with proof of identity or to a court under an order (§ 16.2(h)); § 16.2(i) also permits the testator to withdraw it by written request and proof of identity.

Release after death beginning in 2027

Section 16.2(i) directs release of the sealed envelope to a named executor who presents proof of identity and either a certified death certificate or a certified court order determining death. After 12 months from death, if no named executor has removed it, an heir, creditor, or interested party may receive it with a court order granting authority.

What trips people up

The separate Secretary of State program already accepts wills from qualifying attorney depositors who certify an unsuccessful diligent search for the testator, whether the testator is known to be alive or not (§ 5.15(b)). That office sends a deposited will to the probate county’s circuit clerk after certified proof of death and payment of a $10 retrieval fee (§ 5.15(h)). This is a different receiving office from the new circuit clerk route. The § 16.2 source note expressly gives the clerk program a January 1, 2027 effective date; it is not an available statutory clerk route in October 2026.

Common questions

Will a clerk deposit make the will valid? No. The future § 16.2(m) expressly says the deposit does not change a will’s validity, legal weight, or priority.

Must every county clerk offer the new service in 2027? No. The word “may” in § 16.2(a) gives each circuit clerk the choice to establish a depository.

Statutes and sources

• 755 Ill. Comp. Stat. 5/6-1 and 5/6-7; 15 Ill. Comp. Stat. 305/5.15; future-effective 705 Ill. Comp. Stat. 105/16.2. Verbatim official text, source URLs, and access dates appear in the source fields above.