Fabio
8.0 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | ||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Bill | RESID PROP-TRANSFER ON DEATH | Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Changes the definition of "residential real estate" by replacing the phrase "units in residential cooperatives; or, condominium units" with "a residential condominium unit" and by providing that residential condominium units include any parking unit or other amenity used with and owned by the owner of the condominium unit. Provides that an agent under a durable power of attorney or other instrument creating an agency does not have the authority to create or revoke a transfer on death instrument on behalf of the owner, but the restriction shall not be construed to prohibit the agent from selling, transferring, or encumbering the residential real estate under the terms of the agency. Provides that an instrument under the Act is effective if it is executed, witnessed, and acknowledged in substantial compliance (rather than "in compliance") with certain provisions of the Act. Provides that a transfer on death instrument is effective without acceptance. Replaces the provisions of a Section concerning the notice of death affidavit. Provides that a beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the residential real estate is located a notice of death affidavit to confirm title following the death of the owner. Adds provisions concerning the required contents of the notice of death affidavit. Provides that the affidavit shall be acknowledged under penalty of perjury before a notary public or person authorized to administer oaths. Provides that the filing of a notice of death affidavit is not a condition to the transfer of title. Provides that a purchaser or mortgagee for value and without notice before the recordation of a lis pendens for an action to set aside or contest the transfer on death instrument for any reason shall take free and clear of any such action or contest. Repeals the Section concerning the statutory form for the notice of death affidavit and acceptance. | us/states/il | Illinois General Assembly | 98th | SB 2656 | Illinois SB 2656 (98th) |
|
enacted | 3 | 30 | 2 | 2014-01-21 | 2014-08-01 | openstates | ocd-bill/cabf9e03-8a6a-4edc-ae34-d98152d2b93c | http://ilga.gov/legislation/BillStatus.asp?DocNum=2656&GAID=12&DocTypeID=SB&LegId=78137&SessionID=85&GA=98 | edb22369ace6dda379274339f7e3ba8aa5d4214463a0a89235d5b1b88bc1bf73 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
|
Illinois SB 2656 (98th) — RESID PROP-TRANSFER ON DEATH
Amends the Illinois Residential Real Property Transfer on Death Instrument Act. Changes the definition of "residential real estate" by replacing the phrase "units in residential cooperatives; or, condominium units" with "a residential condominium unit" and by providing that residential condominium units include any parking unit or other amenity used with and owned by the owner of the condominium unit. Provides that an agent under a durable power of attorney or other instrument creating an agency does not have the authority to create or revoke a transfer on death instrument on behalf of the owner, but the restriction shall not be construed to prohibit the agent from selling, transferring, or encumbering the residential real estate under the terms of the agency. Provides that an instrument under the Act is effective if it is executed, witnessed, and acknowledged in substantial compliance (rather than "in compliance") with certain provisions of the Act. Provides that a transfer on death instrument is effective without acceptance. Replaces the provisions of a Section concerning the notice of death affidavit. Provides that a beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the residential real estate is located a notice of death affidavit to confirm title following the death of the owner. Adds provisions concerning the required contents of the notice of death affidavit. Provides that the affidavit shall be acknowledged under penalty of perjury before a notary public or person authorized to administer oaths. Provides that the filing of a notice of death affidavit is not a condition to the transfer of title. Provides that a purchaser or mortgagee for value and without notice before the recordation of a lis pendens for an action to set aside or contest the transfer on death instrument for any reason shall take free and clear of any such action or contest. Repeals the Section concerning the statutory form for the notice of death affidavit and acceptance.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Votes
- Third Reading — 107–0 (pass) · lower
- Third Reading — 50–0 (pass) · upper
Sponsors
- Jason A. Barickman — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2014-01-21 Filed with Secretary by Sen. Jason A. Barickman
filing - 2014-01-21 First Reading
reading-1 - 2014-01-21 Referred to Assignments
referral-committee - 2014-01-29 Assigned to Judiciary
referral-committee - 2014-02-04 Postponed - Judiciary
- 2014-02-18 Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jason A. Barickman
amendment-introduction - 2014-02-18 Senate Committee Amendment No. 1 Referred to Assignments
referral-committee - 2014-02-19 Postponed - Judiciary
- 2014-02-25 Senate Committee Amendment No. 1 Assignments Refers to Judiciary
- 2014-02-25 Senate Committee Amendment No. 1 Adopted
amendment-passage - 2014-02-26 Do Pass as Amended Judiciary; 010-000-000
committee-passage - 2014-02-26 Placed on Calendar Order of 2nd Reading February 27, 2014
- 2014-02-27 Second Reading
reading-2 - 2014-02-27 Placed on Calendar Order of 3rd Reading March 4, 2014
- 2014-03-04 Third Reading - Passed; 050-000-000
reading-3, passage - 2014-03-04 Arrived in House
introduction - 2014-03-06 Chief House Sponsor Rep. Elgie R. Sims, Jr.
- 2014-03-06 First Reading
reading-1 - 2014-03-06 Referred to Rules Committee
referral-committee - 2014-04-23 Assigned to Judiciary
referral-committee - 2014-04-30 Do Pass / Short Debate Judiciary; 015-000-000
committee-passage - 2014-04-30 Placed on Calendar 2nd Reading - Short Debate
- 2014-05-07 Second Reading - Short Debate
reading-2 - 2014-05-07 Placed on Calendar Order of 3rd Reading - Short Debate
- 2014-05-08 Third Reading - Short Debate - Passed 107-000-001
reading-3, passage - 2014-05-08 Passed Both Houses
- 2014-06-06 Sent to the Governor
executive-receipt - 2014-08-01 Governor Approved
executive-signature - 2014-08-01 Effective Date January 1, 2015
- 2014-08-01 Public Act . . . . . . . . . 98-0821
became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/cabf9e03-8a6a-4edc-ae34-d98152d2b93c. Confidence: reported (aggregated from official Illinois legislature records).