Public Act 103-0301
HB2269 EnrolledLRB103 27863 LNS 54241 b HB2269 Enrolled LRB103 27863 LNS 54241 b
HB2269 Enrolled LRB103 27863 LNS 54241 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Sections 1-2.25, 8-1, and 8-2 as follows:
(755 ILCS 5/1-2.25)
Sec. 1-2.25. Where this Act requires information to be
"written" or "in writing", or provides for certain
consequences if it is not, an electronic record under the
Electronic Wills, Electronic Estate Planning Documents, and
Remote Witnesses Act satisfies the provisions of this Act.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
Sec. 8-1. Contest of admission of will to probate; notice.
(a) Within 6 months after the admission to probate of a
domestic will in accordance with the provisions of Section 6-4
or Section 20-20 or 20-25 of the Electronic Wills, Electronic
Estate Planning Documents, and Remote Witnesses Act, or of a
foreign will in accordance with the provisions of Article VII
of this Act, any interested person may file a petition in the
proceeding for the administration of the testator's estate or,
if no proceeding is pending, in the court in which the will was
HB2269 Enrolled LRB103 27863 LNS 54241 b
admitted to probate, to contest the validity of the will.
(b) The petitioner shall cause a copy of the petition to be
mailed or delivered to the representative, to his or her
attorney of record, and to each heir and legatee whose name is
listed in the petition to admit the will to probate and in any
amended petition filed in accordance with Section 6-11, at the
address stated in the petition or amended petition. Filing a
pleading constitutes a waiver of the mailing or delivery of
the notice to the person filing the pleading. Failure to mail
or deliver a copy of the petition to an heir or a legatee does
not extend the time within which a petition to contest the will
may be filed under subsection (a) of this Section or affect the
validity of the judgment judgement entered in the proceeding.
(c) Any contestant or proponent may demand a trial by
jury. An issue shall be made whether or not the instrument
produced is the will of the testator. The contestant shall in
the first instance proceed with proof to establish the
invalidity of the will. At the close of the contestant's case,
the proponent may present evidence to sustain the will. An
authenticated transcript of the testimony of any witness or
other party taken at the time of the hearing on the admission
of the will to probate, or an affidavit of any witness or other
party received as evidence under subsection 6-4(b), paragraphs
(c) and (e) of Section 20-20 of the Electronic Wills,
Electronic Estate Planning Documents, and Remote Witnesses
Act, or Section 20-25 of the Electronic Wills, Electronic
Estate Planning Documents, and Remote Witnesses Act, is
admissible in evidence.
(d) The right to institute or continue a proceeding to
contest the validity of a will survives and descends to the
heir, legatee, representative, grantee or assignee of the
person entitled to institute the proceeding.
(e) It is the duty of the representative to defend a
proceeding to contest the validity of the will. The court may
order the representative to defend the proceeding or prosecute
an appeal from the judgment. If the representative fails or
refuses to do so when ordered by the court, or if there is no
representative then acting, the court, upon its motion or on
application of any interested person, may appoint a special
administrator to defend or appeal in his stead.
(f) An action to set aside or contest the validity of a
revocable inter vivos trust agreement or declaration of trust
to which a legacy is provided by the settlor's will which is
admitted to probate shall be commenced within and not after
the time to contest the validity of a will as provided in
subsection (a) of this Section and Section 13-223 of the Code
of Civil Procedure.
(g) This amendatory Act of 1995 applies to pending cases
as well as cases commenced on or after its effective date.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
Sec. 8-2. Contest of denial of admission of will to
probate.
(a) Within 6 months after the entry of an order denying
admission to probate of a domestic will in accordance with the
provisions of Section 6-4 or Section 20-20 or 20-25 of the
Electronic Wills, Electronic Estate Planning Documents, and
Remote Witnesses Act, or of a foreign will in accordance with
the provisions of Article VII of this Act, any interested
person desiring to contest the denial of admission may file a
petition to admit the will to probate in the proceeding for the
administration of the decedent's estate or, if no proceeding
is pending, in the court which denied admission of the will to
probate. The petition must state the facts required to be
stated in Section 6-2 or 6-20, whichever is applicable.
(b) The petitioner shall cause a copy of the petition to be
mailed or delivered to the representative, to his or her
attorney of record, and to each heir and legatee whose name is
listed in the petition to admit the will to probate and in any
amended petition filed in accordance with Section 6-11, at the
address stated in the petition or amended petition. Filing a
pleading constitutes a waiver of the mailing or delivery of
the notice to the person filing the pleading. Failure to mail
or deliver a copy of the petition to an heir or legatee does
not extend the time within which a petition to admit the will
to probate may be filed under subsection (a) of Section 8-1 or
affect the validity of the judgment entered in the proceeding.
(c) Any proponent or contestant may demand a trial by
jury. An issue shall be made whether or not the instrument
produced is the will of the testator. The proponent shall in
the first instance proceed with proof to establish the
validity of the will and may introduce any evidence competent
to establish a will. Any interested person may oppose the
petition and may introduce any evidence admissible in a will
contest under Section 8-1. At the close of the contestant's
case, the proponent may present further evidence to sustain
the will.
(d) The right to institute or continue a proceeding to
contest the denial of admission of a will to probate survives
and descends to the heir, legatee, representative, grantee or
assignee of the person entitled to institute the proceeding.
(e) The court may order the representative to defend a
proceeding to probate the will or prosecute an appeal from the
judgment. If the representative fails or refuses to do so when
ordered by the court, or if there is no representative then
acting, the court, upon its motion or on application of any
interested person, may appoint a special administrator to do
so in his stead.
(f) A person named as executor in a will that has been
denied admission to probate has no duty to file or support a
petition under Section 8-2.
(g) This amendatory Act of 1995 applies to pending cases
as well as cases commenced on or after its effective date.
(Source: P.A. 102-167, eff. 7-26-21.)
Section 10. The Electronic Wills and Remote Witnesses Act
is amended by changing Sections 1-1, 1-5, 1-15, and 1-20 and by
adding Article 11 as follows:
(755 ILCS 6/1-1)
Sec. 1-1. Short title. This Act may be cited as the
Electronic Wills, Electronic Estate Planning Documents, and
Remote Witnesses Act.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-5)
Sec. 1-5. Purpose. The purpose of this Act is to provide
for: (1) the valid execution, attestation, self-proving, and
probate of electronic wills, paper copies of electronic wills,
and wills attested to by witnesses through audio-video
communication; (2) the valid execution of electronic
nontestamentary estate planning documents and validation of
electronic signatures on nontestamentary estate planning
documents; and (3) (2) the valid execution, attestation, and
witnessing of documents, other than wills, through audio-video
communication.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-15)
Sec. 1-15. Relation to Probate Act of 1975, other
statutes, and common law. All electronic wills, paper copies
of electronic wills, and wills attested to under this Act are
subject to all requirements of the Probate Act of 1975 and the
common law, but to the extent the common law or any provision
of the Probate Act of 1975 conflicts with or is modified by
this Act, the requirements of this Act control.
Nontestamentary estate planning documents executed in
accordance with this Act are subject to all requirements of
the various statutes applicable thereto, but to the extent the
common law or any statute conflicts with or is modified by this
Act, the requirements of this Act control.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-20)
Sec. 1-20. Definitions. As used in this Act:
"Audio-video communication" means communication by which a
person can hear, see, and communicate with another person in
real time using electronic means. A person's visual or hearing
impairment does not prohibit or limit that person's use of
audio-visual communication under this Act.
"Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
"Electronic record" means a record generated,
communicated, received, or stored by electronic means for use
in an information system or for transmission from one
information system to another.
"Electronic signature" means a signature in electronic
form that uses a security procedure under the Electronic
Commerce Security Act and attached to or logically associated
with an electronic record.
"Electronic will" is a will that is created and maintained
as a tamper-evident electronic record.
"Identity proofing" means a process or service through
which a third person affirms the identity of an individual
through a review of personal information from public and
proprietary data sources, including: (1) by means of dynamic
knowledge-based authentication, including a review of personal
information from public or proprietary data sources; or (2) by
means of an analysis of biometric data, including, but not
limited to, facial recognition, voiceprint analysis, or
fingerprint analysis.
"Information" includes data, text, images, codes, computer
programs, software, and databases.
"Nontestamentary estate planning document" means a record
relating to estate planning that is readable as text at the
time of signing and is not a will or contained in a will.
"Nontestamentary estate planning document" includes a record
readable as text at the time of signing that creates,
exercises, modifies, releases, or revokes: (1) a trust
instrument; (2) a trust power that under the terms of the trust
requires a signed record, such as a power to appoint, remove,
or designate a trustee or other fiduciary or powerholder, a
power to direct a trustee, a power to modify or amend, a power
to withdraw assets, a power to decant, a power to waive notice,
or any other power granted under this Act, any other statute,
the terms of a trust, or any rule of law possessed by a
trustee, a grantor, a beneficiary, or a third party; (3) a
certification of a trust under Section 1013 of the Illinois
Trust Code; (4) a power of attorney that is durable under
Article II of the Illinois Power of Attorney Act; (5) an
agent's certification under Section 2-8 of the Illinois Power
of Attorney Act of the validity of a power of attorney and the
agent's authority; (6) a power of appointment; (7) an advance
directive, including a health care power of attorney,
directive to physicians, natural death statement, living will,
and medical or physician order for life-sustaining treatment;
(8) a record directing the disposition of an individual's body
after death; (9) a nomination of a guardian for the signing
individual, including a short-term, temporary, or standby
guardian; (10) a nomination of a guardian for a minor child or
disabled adult child, including a short-term, temporary, or
standby guardian; (11) a supported decision-making agreement
under the Supported Decision-Making Agreement Act; (12) a
mental health treatment declaration; (13) a community property
survivorship agreement; (14) a disclaimer under Section 2-7 of
the Probate Act of 1975; and (15) any other record intended to
carry out an individual's intent regarding property or health
care while incapacitated or on death. "Nontestamentary estate
planning document" does not include a deed of real property or
a certificate of title for a vehicle, watercraft, or aircraft.
"Paper copy" means a tamper-evident electronic record that
is printed and contains the following: (1) the text of the
document; (2) the electronic signature of the signer; (3) a
readable copy of the evidence of any changes displayed in the
electronic record; and (4) any exhibits, attestation clauses,
affidavits, or other items forming a part of the document or
contained in the electronic record.
"Paper document" means a document that is written or
printed on paper.
"Person" means an individual, estate, business or
nonprofit entity, government or governmental subdivision,
agency, or instrumentality, or other legal entity.
"Physical presence" means being in the same physical
location as another person and close enough to see and know the
other person is signing a document.
"Power of attorney" means a record that grants authority
to an agent to act in place of the principal, even if the term
is not used in the record.
"Presence" includes: (1) physical presence; or (2) being
in a different physical location from another person, but
able, using audio-video communication, to know the person is
signing a document in real time.
"Record" means information: (1) inscribed on a tangible
medium; or (2) stored in an electronic or other medium and
retrievable in a perceivable form.
"Remote witness" means a person attesting to a document
who is in the presence of the signer or testator through
audio-video communication.
"Rule of law" means any statute, ordinance, common law
rule, court decision, or other rule of law enacted,
established, or promulgated by this State or any agency,
commission, department, court, other authority, or political
subdivision of this State.
"Security procedure" means a procedure to verify that an
electronic signature, record, or performance is that of a
specific person or to detect a change or error in an electronic
record. "Security procedure" includes a procedure that uses an
algorithm, code, identifying word or number, encryption, or
callback or other acknowledgment procedure.
"Settlor" means a person, including a testator, that
creates or contributes property to a trust.
"Signature" includes an electronic signature and an ink
signature.
"Sign" means, with present intent to authenticate or adopt
a record, to: (1) execute or adopt a tangible symbol; or (2)
attach to or logically associate with the record an electronic
signature.
"State" means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, or
other territory or possession subject to the jurisdiction of
the United States. "State" includes a federally recognized
Indian tribe.
"Tamper-evident" means a feature of an electronic record
by which any change to the electronic record is displayed.
"Terms of trust" means: (1) the manifestation of the
settlor's intent regarding a trust's provisions as (i)
expressed in the trust instrument or (ii) established by other
evidence that would be admissible in a judicial proceeding; or
(2) the trust's provisions as established, determined, or
amended by (i) a trustee or other person in accordance with
applicable law, (ii) a court order, or (iii) a nonjudicial
settlement agreement under Section 111 of the Illinois Trust
Code.
"Trust instrument" means an instrument executed by the
settlor that contains terms of the trust, including any
amendments.
"Will" includes a codicil and a testamentary instrument
that merely appoints an executor, revokes or revises another
will, nominates a guardian, or expressly excludes or limits
the right of an individual or class to succeed to property of
the decedent passing by intestate succession.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/Art. 11 heading new)
Article 11. Electronic Nontestamentary Estate Planning
Documents
(755 ILCS 6/11-5 new)
Sec. 11-5. Construction. This Article shall be construed
and applied to:
(1) facilitate electronic estate planning documents
and signatures consistent with other law; and
(2) be consistent with reasonable practices concerning
electronic documents and signatures and continued
expansion of those practices.
(755 ILCS 6/11-10 new)
Sec. 11-10. Scope.
(a) Except as provided in subsection (b), this Article
applies to an electronic nontestamentary estate planning
document and an electronic signature on a nontestamentary
estate planning document.
(b) This Article does not apply to a nontestamentary
estate planning document, will, or terms of a trust governing
the document expressly preclude use of an electronic record or
electronic signature.
(c) This Article does not affect the validity of an
electronic record or electronic signature that is valid under:
(1) the Illinois Uniform Electronic Transactions Act;
(2) any other Section of this Act; or
(3) any other State law relating to nontestamentary
estate planning documents.
(755 ILCS 6/11-15 new)
Sec. 11-15. Principles of law and equity. The law of this
State and principles of equity applicable to a nontestamentary
estate planning document apply to an electronic
nontestamentary estate planning document except as modified by
this Article.
(755 ILCS 6/11-20 new)
Sec. 11-20. Use of electronic record or signature not
required.
(a) This Article does not require a nontestamentary estate
planning document or signature on a nontestamentary estate
planning document to be created, generated, sent,
communicated, received, stored, or otherwise processed or used
by electronic means or in electronic form.
(b) A person is not required to have a nontestamentary
estate planning document in electronic form or signed
electronically even if the person previously created or signed
a nontestamentary estate planning document by electronic
means.
(c) A person may not waive the provisions of this Section.
(755 ILCS 6/11-25 new)
Sec. 11-25. Recognition of electronic nontestamentary
estate planning document and electronic signature.
(a) A nontestamentary estate planning document or a
signature on a nontestamentary estate planning document may
not be denied legal effect or enforceability solely because it
is in electronic form.
(b) If other law of this State or a will or the terms of a
trust governing the nontestamentary estate planning document
require a nontestamentary estate planning document to be in
writing, an electronic record of the document satisfies the
requirement.
(c) If other law of this State requires a signature on a
nontestamentary estate planning document, an electronic
signature satisfies the requirement.
(755 ILCS 6/11-30 new)
Sec. 11-30. Attribution and effect of electronic record
and electronic signature.
(a) An electronic nontestamentary estate planning document
or electronic signature on an electronic nontestamentary
estate planning document is attributable to a person if it was
the act of the person. The act of the person may be shown in
any manner, including by showing the efficacy of a security
procedure applied to determine the person to which the
electronic record or electronic signature was attributable.
(b) The effect of attribution to a person under subsection
(a) of a document or signature is determined from the context
and surrounding circumstances at the time of its creation,
execution, or adoption and as provided by other law.
(755 ILCS 6/11-35 new)
Sec. 11-35. Notarization and acknowledgment. If other law
of this State or a will or the terms of a trust require or
permit a signature or record to be notarized, acknowledged,
verified, or made under oath, the requirement is satisfied
with respect to an electronic nontestamentary estate planning
document if an individual authorized to perform the
notarization, acknowledgment, verification, or oath attaches
or logically associates the individual's electronic signature
on the document together with all other information required
to be included under the other law.
(755 ILCS 6/11-40 new)
Sec. 11-40. Witnessing and attestation.
(a) If other law of this State or a will or the terms of a
trust base the validity of a nontestamentary estate planning
document on whether it is signed, witnessed, or attested by
another individual, the signature, witnessing, or attestation
of that individual may be electronic.
(b) As used in this subsection (b), "electronic presence"
means that 2 or more individuals in different locations are
able to communicate in real time to the same extent as if the
individuals were physically present in the same location. If
other law of this State bases the validity of a
nontestamentary estate planning document on whether it is
signed, witnessed, or attested by another individual in the
presence of the individual signing the document, the presence
requirement is satisfied if the individuals are in each
other's electronic presence.
(755 ILCS 6/11-45 new)
Sec. 11-45. Retention of electronic record; original.
(a) Except as provided in subsection (b), if other law of
this State requires an electronic nontestamentary estate
planning document to be retained, transmitted, copied, or
filed, the requirement is satisfied by retaining,
transmitting, copying, or filing an electronic record that:
(1) accurately reflects the information in the
document after it was first generated in final form as an
electronic record or under Section 11-30; and
(2) remains accessible to the extent required by the
other law.
(b) A requirement under subsection (a) to retain a record
does not apply to information the sole purpose of which is to
enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) by using the
services of another person.
(d) If other law of this State requires a nontestamentary
estate planning document to be presented or retained in its
original form, or provides consequences if a nontestamentary
estate planning document is not presented or retained in its
original form, an electronic record retained in accordance
with subsection (a) satisfies the other law.
(e) This Section does not preclude a governmental agency
from specifying requirements for the retention of a record
subject to the agency's jurisdiction in addition to those in
this Section. In this Section, "governmental agency" means an
executive, legislative, or judicial agency, department, board,
commission, authority, institution, or instrumentality of the
federal government or of a state or of a county, municipality,
or other political subdivision of a state.
(755 ILCS 6/11-50 new)
Sec. 11-50. Certification of paper copy. An individual may
create a certified paper copy of an electronic nontestamentary
estate planning document by affirming under penalty of perjury
that the paper copy is a complete and accurate copy of the
document.
(755 ILCS 6/11-55 new)
Sec. 11-55. Admissibility in evidence. Evidence relating
to an electronic nontestamentary estate planning document or
an electronic signature on the document may not be excluded in
a proceeding solely because it is in electronic form.
(755 ILCS 6/11-60 new)
Sec. 11-60. Relation to the Electronic Signatures in
Global and National Commerce Act. This Article modifies,
limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. Section 7001 et seq., but
does not modify, limit, or supersede 15 U.S.C. Section 7001(c)
or authorize electronic delivery of any of the notices
described in 15 U.S.C. Section 7003(b).
(755 ILCS 6/11-65 new)
Sec. 11-65. Application. This Article applies to an
electronic nontestamentary estate planning document created,
signed, generated, sent, communicated, received, or stored
before, on, or after the effective date of this amendatory Act
of the 103rd General Assembly.
(755 ILCS 6/11-70 new)
Sec. 11-70. Severability. If a provision of this Article
or its application to a person or circumstance is held
invalid, the invalidity does not affect another provision or
application that can be given effect without the invalid
provision.
Section 99. Effective date. This Act takes effect January
1, 2024.
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