IllinoisHB4896104th General Assembly (2025–2026)HouseWALLET

CIV PRO-TENANTS IN COMMON

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.

judiciary - civilassignments

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Heirs can seek sole property ownership

Heirs who inherited a property share without a will under Article 2 of the Probate Act can ask an Illinois court for sole ownership. Each claimant must be in actual possession and have household income below 80% of the county’s area median income. For seven straight years, the claimant must have exclusive possession and pay all legally assessed property taxes; no other co-owner may contribute to the property or act to preserve an ownership claim. At least two years before filing, claimants must record a declaration, search for other owners, and give required notice by mail, available email and text, and one newspaper publication. A bona fide owner’s qualifying objection prevents that owner from being excluded; a lender’s tax payments under the Residential Mortgage License Act do not count as a co-owner contribution.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Dave Vella

    Democratic • House

  • Jennifer Gong-Gershowitz

    Democratic • House

  • Mary Beth Canty

    Democratic • House

  • Robert F. Martwick

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 193 • No: 7

Senate vote • 5/14/2026

Third Reading - Passed;

Yes: 57 • No: 0

House vote • 4/16/2026

Third Reading - Short Debate - Passed

Yes: 105 • No: 0

House vote • 4/15/2026

House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee;

Yes: 18 • No: 0

House vote • 3/19/2026

Do Pass as Amended / Short Debate Judiciary - Civil Committee;

Yes: 13 • No: 7

Actions Timeline

  1. Public Act . . . . . . . . . 104-0506

    6/26/2026House
  2. Effective Date January 1, 2027

    6/26/2026House
  3. Governor Approved

    6/26/2026House
  4. Sent to the Governor

    6/12/2026House
  5. Passed Both Houses

    5/14/2026House
  6. Third Reading - Passed; 057-000-000

    5/14/2026Senate
  7. Placed on Calendar Order of 3rd Reading May 5, 2026

    4/30/2026Senate
  8. Second Reading

    4/30/2026Senate
  9. Placed on Calendar Order of 2nd Reading April 29, 2026

    4/28/2026Senate
  10. Approved for Consideration Assignments

    4/28/2026Senate
  11. Added Co-Sponsor Rep. Dave Vella

    4/22/2026House
  12. Referred to Assignments

    4/21/2026Senate
  13. First Reading

    4/21/2026Senate
  14. Chief Senate Sponsor Sen. Robert F. Martwick

    4/21/2026Senate
  15. Placed on Calendar Order of First Reading

    4/21/2026Senate
  16. Arrive in Senate

    4/21/2026Senate
  17. Added Co-Sponsor Rep. Mary Beth Canty

    4/17/2026House
  18. Third Reading - Short Debate - Passed 105-000-000

    4/16/2026House
  19. Placed on Calendar Order of 3rd Reading - Short Debate

    4/16/2026House
  20. House Floor Amendment No. 2 Adopted

    4/16/2026House
  21. House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Civil Committee; 018-000-000

    4/15/2026House
  22. House Floor Amendment No. 2 Rules Refers to Judiciary - Civil Committee

    4/14/2026House
  23. Held on Calendar Order of Second Reading - Short Debate

    4/10/2026House
  24. Second Reading - Short Debate

    4/10/2026House
  25. House Floor Amendment No. 2 Referred to Rules Committee

    4/10/2026House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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