republic-os/legislation/us/states/il/102nd/sb-47.md

---
type: "Bill"
title: "PROPERTY TRANSFER ON DEATH"
description: "Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the \"Real Property Transfer on Death Instrument Act\". Changes the definitions of \"owner\" and \"person\". Defines \"real property\". Changes references to \"residential real estate property\" to references to \"real property\". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto. Provides that a transfer on death instrument does not need to state consideration or the addresses of the beneficiaries. Provides that if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is void. Provides that if a beneficiary attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary is void as to that beneficiary. Changes the rules under which real property that is subject to a transfer on death instrument is transferred. Provides that a transfer on death instrument may be renounced by the owner's surviving spouse. Makes other changes to provisions regarding: rights of claimants; limitations; and preparation of a transfer on death instrument or its revocation. Makes conforming changes."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "102nd"
identifier: "SB 47"
citation: "Illinois SB 47 (102nd)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Jason A. Barickman", "Michael Halpin"]
version_count: 3
action_count: 26
vote_count: 1
first_action: "2021-01-29"
last_action: "2021-07-09"
source: "openstates"
source_identifier: "ocd-bill/8f610163-8dea-4ed0-9cd5-777b666d905d"
source_url: "https://ilga.gov/legislation/BillStatus.asp?DocNum=47&GAID=16&DocTypeID=SB&LegId=128287&SessionID=110&GA=102"
source_hash: "31ffedf104b14dc1a48ca01c5f26b15cf167a6af1f535fb830940054442c252e"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---

# Illinois SB 47 (102nd) — PROPERTY TRANSFER ON DEATH

Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Renames the Act the "Real Property Transfer on Death Instrument Act". Changes the definitions of "owner" and "person". Defines "real property". Changes references to "residential real estate property" to references to "real property". Permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances even if the trust is subject to amendment, modification, revocation, or termination. Provides that a transfer on death instrument may not be admitted to probate as the will of the owner or as a codicil thereto. Provides that a transfer on death instrument does not need to state consideration or the addresses of the beneficiaries. Provides that if the transfer on death instrument is not witnessed by at least 2 credible witnesses, it is void. Provides that if a beneficiary attests to the execution of the transfer on death instrument, the interest transferred to that beneficiary is void as to that beneficiary. Changes the rules under which real property that is subject to a transfer on death instrument is transferred. Provides that a transfer on death instrument may be renounced by the owner's surviving spouse. Makes other changes to provisions regarding: rights of claimants; limitations; and preparation of a transfer on death instrument or its revocation. Makes conforming changes.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Introduced** (filed) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0047.pdf)
2. **Engrossed** (committee substitute) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0047eng.pdf)
3. **Enrolled** (enrolled) — [source](https://ilga.gov/legislation/102/SB/PDF/10200SB0047enr.pdf)

## Votes

- Third Reading — **58–0** (pass) · upper

## Sponsors

- Jason A. Barickman — primary (person)
- Michael Halpin — primary (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2021-01-29** Filed with Secretary by Sen. Jason A. Barickman `filing`
- **2021-01-29** First Reading `reading-1`
- **2021-01-29** Referred to Assignments `referral-committee`
- **2021-04-07** Assigned to Judiciary `referral-committee`
- **2021-04-14** Do Pass Judiciary; 009-000-000 `committee-passage`
- **2021-04-14** Placed on Calendar Order of 2nd Reading April 15, 2021
- **2021-04-21** Second Reading `reading-2`
- **2021-04-21** Placed on Calendar Order of 3rd Reading ** April 22, 2021
- **2021-04-23** Third Reading - Passed; 058-000-000 `passage, reading-3`
- **2021-04-26** Arrived in House `introduction`
- **2021-04-26** Chief House Sponsor Rep. Michael Halpin
- **2021-04-27** First Reading `reading-1`
- **2021-04-27** Referred to Rules Committee `referral-committee`
- **2021-05-04** Assigned to Judiciary - Civil Committee `referral-committee`
- **2021-05-12** Do Pass / Consent Calendar Judiciary - Civil Committee; 015-000-000 `committee-passage`
- **2021-05-12** Placed on Calendar 2nd Reading - Consent Calendar
- **2021-05-13** Second Reading - Consent Calendar `reading-2`
- **2021-05-13** Held on Calendar Order of Second Reading - Consent Calendar `reading-2`
- **2021-05-14** Placed on Calendar Order of 3rd Reading - Consent Calendar
- **2021-05-21** Third Reading - Consent Calendar - First Day `reading-3`
- **2021-05-26** Third Reading - Consent Calendar - Passed 112-000-000 `passage, reading-3`
- **2021-05-26** Passed Both Houses
- **2021-06-24** Sent to the Governor `executive-receipt`
- **2021-07-09** Governor Approved `executive-signature`
- **2021-07-09** Effective Date January 1, 2022
- **2021-07-09** Public Act . . . . . . . . . 102-0068 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/8f610163-8dea-4ed0-9cd5-777b666d905d`. Confidence: reported (aggregated from official Illinois legislature records).