Cook circuit clerk’s proposal would create county depositories for wills

Instead of an old file cabinet in the basement, or tucked away in a closet, Illinois residents should be able to store their wills in a secure county-run depository.

That’s the idea behind legislation proposed by Cook County Circuit Court Clerk Mariyana T. Spyropoulos, who said the measure would spare grieving families unnecessary delays and legal costs because a will can’t be found.

“This legislation is a practical, fee-funded public service that helps residents protect their final wishes while improving judicial efficiency and reducing avoidable litigation,” Spyropoulos said in a statement Wednesday.

If passed, the legislation would authorize circuit court clerks across Illinois to accept and safeguard original wills during the lifetime of the person who created it. Upon that person’s death, the sealed will would be released, upon request, to an authorized person.

Clerks would be able to charge a one-time fee of up to $25 for storing a will.

Two companion bills — Senate Bill 3291 and House Bill 4722 — are pending in the General Assembly.

Senate bill sponsor Sen. Bill Cunningham said the measure would give families a “safer, more reliable way” to secure wills.

“It helps reduce avoidable complications in probate and gives people greater confidence that their wishes will be carried out,” the Chicago Democrat added.

Other states, including Texas, Wisconsin, Indiana, Delaware and Maryland, already operate county-based will depository systems, officials said.