WILL DEPOSITORY-CIRCUIT CLERKS
Sponsored By: Bill Cunningham (Democratic)
In Committee
Summary
Amends the Clerks of the Courts Act. Authorizes a circuit court clerk of any county to develop and maintain a will depository. Provides a procedure for the clerk to accept for safekeeping a testamentary instrument including a will, codicil, trust, or trust and one or more trust amendments of a living testator. Provides that the depositor must deposit the will with the clerk in the county in which the testator resided when the will was executed. A depositor may be the testator or an attorney who is in possession of the will with written authorization by the testator. Provides that the clerk is not required to determine if the clerk's county is the correct county for the filing. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of $25 for each will deposited, and the clerk may not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife.
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Bill Overview
No Economic Impacts Identified for this Bill
Sponsors & Cosponsors
Sponsor
Bill Cunningham
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Referred to Assignments
2/3/2026SenateFirst Reading
2/3/2026SenateFiled with Secretary by Sen. Bill Cunningham
2/3/2026Senate
Bill Text
Introduced
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