Illinois’ New Will Depository: What You Need to Know

Beginning January 1, 2027, Illinois residents may have a new option for keeping their original Wills safe: depositing them with their county’s circuit court clerk.

I like the idea behind this new law. After all, even a carefully prepared Will isn’t much help if no one can find it when it’s needed. The new Will depository is intended to give families another way to keep these important documents safe and accessible.

But how will it work? Will every county offer it? And what happens if you deposit your Will and then change it years later? Some of these questions are answered by the new law, while others may take time to sort out. Here’s what we know so far.

What Is the Illinois Will Depository?

The new law allows circuit court clerks to establish a place where county residents can deposit their original Wills for safekeeping. If your county participates, you can bring in your original Will, which will be placed in an approved envelope and sealed in your presence. You’ll receive a receipt, and the clerk will keep a record of the deposit. The fee cannot exceed $25.

Participation is completely voluntary, and you don’t need an attorney to deposit your Will. However, the clerk isn’t reviewing or approving your document. Depositing a Will doesn’t make an otherwise invalid Will legally valid or give it any special priority over another Will. It’s simply a place to store your original document.

Will My Will Become a Public Record?

No. Even though your Will would be held by a government office, it wouldn’t become available for public inspection. Under the new law, deposited Wills remain sealed during your lifetime, with access restricted by law. Your family, neighbors, or anyone searching public court records won’t be able to read your Will simply because you’ve deposited it.

Will Every Illinois County Offer This Service?

Not necessarily. The new law allows circuit court clerks to establish Will depositories, but it doesn’t require them to participate.

Cook County helped lead the effort to pass the legislation, which takes effect January 1, 2027. However, that doesn’t necessarily mean the county’s depository will begin accepting Wills on that date. As of October 2026, I haven’t found confirmed launch dates for the new county programs.

If you’re interested in using a Will depository, I recommend checking with your county’s circuit court clerk to see whether the service is available and what procedures you’ll need to follow.

How Could a Will Depository Help?

The biggest potential benefit is having a designated place where your original Will is kept. Families sometimes know a loved one had a Will but can’t find the signed original. Maybe it was misplaced during a move, accidentally thrown away, or tucked into a box that no one thought to check.

A county depository could offer an affordable alternative to storing your Will at home. But there’s one important catch: someone still needs to know it’s there. If you deposit your Will, make sure the person who will eventually handle your estate knows which county has it and where to find the receipt.

Who Can Get My Will?

During your lifetime, you can request the return of your deposited Will by submitting a written request and providing proof of identity. A court can also authorize access in circumstances permitted by law.

After your death, an executor identified on the deposited Will’s envelope can obtain the sealed document by presenting the required documentation, including a certified death certificate and proof of identity. If no named executor retrieves it within 12 months after your death, an heir, creditor, or other interested person may be able to obtain it with a court order.

What If I Deposit My Will and Later Change It?

This is one of the questions I’m most interested in seeing how counties handle.

Estate plans change, and that’s perfectly normal. Families grow, relationships change, and the person you chose as executor ten years ago might not be the person you’d choose today.

Imagine depositing your Will in 2027. Five years later, you meet with your attorney and sign a new Will, but forget the old one is still sitting in the county depository.

Legally, the older Will doesn’t receive priority simply because it was deposited. But what if your family knows about the deposited Will and doesn’t know you signed a newer one? They might retrieve the old Will believing it’s your current estate plan, potentially creating confusion or delays.

The law allows you to withdraw your deposited Will, but I’ll be interested in seeing how counties handle replacing outdated documents and whether people remember to retrieve their old Wills when updating their estate plans.

What Happens If I Move?

Suppose you deposit your Will in Cook County and move to DuPage County ten years later. Your Will may still be safely stored, but will your family know to look in your former county?

Because this is a county-based program, moving could create another challenge. I’ll be interested to see whether counties eventually develop a way for families to determine if a Will is on deposit somewhere in Illinois without revealing its contents.

For now, it’s another reminder to keep track of where your original documents are stored and make sure the right people know where to find them.

Doesn’t Illinois Already Have a Will Depository?

Yes, but the existing program serves a different purpose. Illinois already has a Will depository through the Secretary of State, primarily intended for attorneys or their representatives who have been unable to locate clients to return their original estate planning documents.

The new county program is designed to make Will storage more broadly available to Illinois residents. The existing Secretary of State program will continue alongside the new county depositories.

Is the New Will Depository Right for You?

It’s too early to know how well the new system will work in practice. I like the idea of giving families another way to safeguard an original Will, but there are still practical questions about updating documents, moving between counties, and making sure families can find the right Will.

At AMC Legal, my clients leave our office with their original estate planning documents, and that practice isn’t changing for now. Once the new depositories are operating and we see how counties handle these issues, I’ll have a better sense of whether it’s an option I want to recommend.

 

In the meantime, wherever you keep your Will, make sure it’s current and that someone you trust knows where to find it. That’s good advice regardless of whether you ever use a Will depository.

If you haven’t reviewed your estate plan in a while, AMC Legal offers a free 30-minute estate plan review. We can discuss what’s changed in your life and whether your documents still reflect your wishes.

I’ll continue following the new Will depository program and update this article as more Illinois counties announce their plans.

To schedule your free review, contact AMC Legal, P.C. at (630) 590-3640 or email allison@amclegal.net. I’d be happy to help you make sure your estate plan is up to date.

Legal References: Illinois Public Act 104-0719, adding 705 ILCS 105/16.2; 15 ILCS 305/5.15 (existing Secretary of State Will depository).