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SB2748 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2748

Introduced 1/13/2026, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

New Act

Creates the Charitable Organization Beneficiary Act. Requires a
holder of property in which a charitable organization that is exempt from
taxation as a 501(c)(3) entity is a designated beneficiary in a nonprobate
instrument (excluding wills or trusts) to notify each charitable
organization within 30 business days that it may have a right to the
property. Creates a process in which the charitable organization may
request that it be given information about the property or that the
property be delivered to the charitable organization or both. Provides
duties and obligations of the holder of the property. Provides the holder
of the property protection from liability for a good faith reliance on the
information it receives from a designated beneficiary. Provides remedies
against a holder of property for a failure or refusal to provide the
requested information or transfer of property if the provisions of the Act
are followed. Defines terms.
LRB104 16497 JRC 29893 b

A BILL FOR

SB2748
LRB104 16497 JRC 29893 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Charitable Organization Beneficiary Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Beneficiary designation" means the provision in an
8
instrument designating a beneficiary, other than in a will or
9
an instrument creating a trust, and may also mean the
10
instrument itself, including, but not limited to, any of the
11
following:
12

(1) an annuity or insurance policy;
13

(2) an account with a designation for payment upon
14

death;
15

(3) a security registered in beneficiary form;
16

(4) a pension, profit-sharing plan, retirement account
17

such as an IRA, 401k, 403b, or other employment-related
18

benefit plan; or
19

(5) any other nonprobate asset transferable upon
20

death.
21

"Charitable organization" means an entity that is exempt
22
from taxation under Section 501(c)(3) of the Internal Revenue
23
Code.

SB2748
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LRB104 16497 JRC 29893 b
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Section 10.
Notice of death of owner of property.
If the
2
holder of property that has a beneficiary designation has been
3
notified of the death of the owner of the property, the holder
4
of property must within 30 business days provide notice to
5
each charitable organization listed under the beneficiary
6
designation that the charitable organization may have a right
7
to the property and provide the charitable organization with
8
the name of the owner of the property, contact information of
9
the holder of the property, and a general description of the
10
property held for the benefit of the charitable organization.

11

Section 15.
Charitable organization affidavit of interest
12
in property.
13

(a) If a charitable organization is a beneficiary of an
14
interest in property created by beneficiary designation, that
15
charitable organization may present an affidavit to the holder
16
of the property or to any person with information about the
17
property to obtain the property or information regarding the
18
property. The affidavit must state all of the following:
19

(1) the decedent's name and last known address to the
20

extent known;
21

(2) a general description of the property to the
22

extent known;
23

(3) the charitable organization's name, address, and
24

primary contact information;

SB2748
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LRB104 16497 JRC 29893 b
1

(4) the charitable organization is a charitable
2

organization;
3

(5) a request that the property be paid, delivered, or
4

transferred to the charitable organization or that
5

information about the property be given to the charitable
6

organization;
7

(6) no one other than the charitable organization has
8

a right to the interest in the property listed in the
9

affidavit to the extent known;
10

(7) the affidavit has been signed by an authorized
11

representative of the charitable organization under
12

penalty of perjury before a notary public as provided in
13

the Notary Public Act; and
14

(8) the information in the affidavit is true and
15

correct to the best of the affiant's knowledge or belief.
16

(b) The affidavit must be accompanied by all of the
17
following:
18

(1) a copy of the charitable organization's
19

determination letter from the Internal Revenue Service
20

recognizing its tax-exempt status;
21

(2) a copy of the charitable organization's
22

Certificate of Good Standing issued by the Secretary of
23

State;
24

(3) a death certificate of the decedent, probate
25

notice published by the personal representative of the
26

decedent's estate, proof of payment of the decedent's

SB2748
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LRB104 16497 JRC 29893 b
1

funeral expenses, or the decedent's obituary as
2

verification of the decedent's death;
3

(4) a corporate resolution or similar statement of
4

authority of the affiant to act on behalf of the
5

charitable organization; and
6

(5) Internal Revenue Service Form W-9 completed by an
7

authorized representative of the charitable organization.

8

Section 20.
Duties of the holder of the property.
9

(a) The holder of the property may not do any of the
10
following:
11

(1) require the charitable organization to establish
12

an account with the holder of the property or otherwise
13

become a customer of the holder of the property;
14

(2) require co-beneficiaries to submit claims
15

simultaneously or impose coordination deadlines among
16

co-beneficiaries; or
17

(3) delay payment to any co-beneficiary if other
18

co-beneficiaries have not submitted their claim
19

documentation.
20

(b) The holder of the property may not request any
21
additional personal information from any individual employed
22
by or serving on the board of the charitable organization,
23
including, but not limited to, any of the following:
24

(1) Social security number or driver's license number;
25

(2) personal contact information, including home

SB2748
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LRB104 16497 JRC 29893 b
1

address;
2

(3) personal financial information;
3

(4) date of birth;
4

(5) passport;
5

(6) annual income;
6

(7) value of personal assets;
7

(8) credit checks;
8

(9) criminal background checks;
9

(10) marital status;
10

(11) number of dependents; or
11

(12) spouse's maiden name.

12

Section 25.
Transfer of property.
If the requirements of
13
this Act are satisfied, the holder of the property must do
14
either or both of the following:
15

(1) Pay, deliver, or transfer to or for the benefit of
16

the charitable organization if the affidavit has requested
17

the transfer of ownership of the property to the
18

charitable organization; or
19

(2) Deliver the information requested in the affidavit
20

to the charitable organization.

21

Section 30.
Good faith reliance on information given to
22
the holder.
The holder of the property and any person who in
23
good faith delivers the property or information requested in
24
reliance on the information a charitable organization provides

SB2748
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LRB104 16497 JRC 29893 b
1
under this Act, who has no knowledge that representations
2
contained in the affidavit are incorrect, is not liable to any
3
person for so acting and may assume without inquiry the
4
existence of the facts contained in the affidavit. The time to
5
verify a charitable organization's authority may not exceed 30
6
days from the date of delivery of the affidavit. Any right or
7
title acquired from the charitable organization in
8
consideration of the provision of property or information
9
under this Act is not invalid because of an inadvertent
10
misapplication by the charitable organization. A transaction
11
and a lien created by a transaction entered into by the
12
charitable organization and anyone acting in reliance on the
13
affidavit under this Act is enforceable against the property.

14

Section 35.
Failure or refusal of holder of the property
15
to act.
If the holder of the property fails or refuses to
16
provide the requested property or information within 30 days
17
after receiving the affidavit, the charitable organization may
18
bring an action against the holder of the property to receive
19
the information about the property or recover the property or
20
compel the delivery of the property. An action brought under
21
this Act must be brought within one year after the date of the
22
act or failure to act. If the court finds that the holder of
23
the property acted unreasonably in failing to provide the
24
requested information or recover the property or deliver the
25
property, the court may award to the charitable organization

SB2748
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LRB104 16497 JRC 29893 b
1
any or all of the following:
2

(1) immediate delivery of the requested information or
3

delivery or recovery of the property or value of the
4

property;
5

(2) damages sustained by the charitable organization;
6

(3) costs of the action;
7

(4) a penalty in an amount determined by the court
8

between $500 and $10,000; or
9

(5) reasonable attorney's fees based on the value of
10

the time reasonably expended by the attorney and not by
11

the amount of the recovery on behalf of the charitable
12

organization.

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