Clerk of Cook County courts proposes county-level depository system for people's wills

Too often, a person’s will is written on paper and tucked into a cabinet or under a mattress. By the time they die, their family can’t find it, and their final wishes aren’t accurately fulfilled.

That’s according to Cook County Circuit Court Clerk Mariyana Spyropoulos, whose office is leading an effort to pass a law in Springfield that would create a statewide, optional, county-level will depository. It also would maintain the ability to deposit a will without hiring an attorney, which can cost hundreds of dollars.

The law would let each county circuit court clerk’s office decide to opt into the program.

Residents could file their sealed will with the circuit clerk’s office for safekeeping. After death, it would be released, if requested, to an authorized recipient. Counties are allowed to charge a one-time fee of up to $25, according to the proposed law.

Spyropoulos said the law is about leveling the playing field for residents.

“Why should people be penalized because they can’t afford an attorney? We’re providing a service for people,” she said. “...Certainly, it gives people an option if they can’t afford a lawyer, [or] don’t want to go searching for lawyers. If they don’t know who to turn to, this is an easy option for them and it’s reasonably priced.”

Losing a family member’s will can cause “a lot of frustration” among the family, she said.

“People don’t know what the final wishes are of people, so it’s subject to probate law, of course, and so there’s delays in the court system, there’s a lot of extra money that could be spent by families,” Spyropoulos said.

The circuit clerk’s ability to have a will readily available could also help streamline court hearings, she noted. Cook County handles up to 10,000 wills a year, the most of any county statewide.

State Sen. Bill Cunningham, a South Side Democrat, is sponsoring the bill, which is scheduled for its first Judiciary Committee hearing Wednesday. Eleven other state senators have signed on as co-sponsors.

“This is a straightforward reform that gives Illinois families a safer, more reliable way to protect an original will before it is ever needed,” Cunningham said in a statement. “It helps reduce avoidable complications in probate and gives people greater confidence that their wishes will be carried out.”

At least five other states have a similar county-level will depository system, including Indiana, Wisconsin, Texas, Delaware and Maryland.