republic-os/legislation/us/states/il/98th/sb-2656.md

---
type: "Bill"
title: "RESID PROP-TRANSFER ON DEATH"
description: "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."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "98th"
identifier: "SB 2656"
citation: "Illinois SB 2656 (98th)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 30
vote_count: 2
first_action: "2014-01-21"
last_action: "2014-08-01"
source: "openstates"
source_identifier: "ocd-bill/cabf9e03-8a6a-4edc-ae34-d98152d2b93c"
source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=2656&GAID=12&DocTypeID=SB&LegId=78137&SessionID=85&GA=98"
source_hash: "edb22369ace6dda379274339f7e3ba8aa5d4214463a0a89235d5b1b88bc1bf73"
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 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.

1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800SB2656&GA=98&SessionId=85&DocTypeId=SB&LegID=78137&DocNum=2656&GAID=12&Session=&print=true)
2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800SB2656eng&GA=98&SessionId=85&DocTypeId=SB&LegID=78137&DocNum=2656&GAID=12&Session=&print=true)
3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800SB2656enr&GA=98&SessionId=85&DocTypeId=SB&LegID=78137&DocNum=2656&GAID=12&Session=&print=true)

## 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](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/cabf9e03-8a6a-4edc-ae34-d98152d2b93c`. Confidence: reported (aggregated from official Illinois legislature records).