Illinois Rep. Gong-Gershowitz’s inherited property title bill passes House and Senate

Passed bill authored by State Rep. Jennifer Gong-Gershowitz aims to establish a process for heirs in exclusive possession to obtain full legal title to inherited property, following approval in both chambers, according to the Illinois General Assembly.

In the House, 72 Democrats and 33 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 39 Democrats and 18 Republicans voted in favor of the bill.

Gong-Gershowitz introduced the bill in the Illinois House on Feb. 3, 2026 during the 104th session.

The legislation, known as HB4896, was passed on May 14, 2026 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “Amends the Code of Civil Procedure. Establishes a process for a tenant in common or tenants in common who have inherited real property under the intestate provisions of the Probate Act of 1975 to obtain legal title to that property. Provides that the petitioner or petitioners must have been in actual possession for 7 years and have paid all taxes on the property during those 7 years. Requires that the petitioner or petitioners must file a signed declaration with the recorder of deeds at least 2 years before an action under the new provisions may be commenced stating intent to acquire title using the process under the new provisions, send notice to any other person or persons with an ownership interest in the property, and publish a notice of the action in a newspaper of general circulation in the jurisdiction where the property is located. Permits persons with ownership to oppose the petition. Makes other changes.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill creates a process allowing one or more tenants in common who inherited property under Illinois intestacy laws to obtain full legal title if certain conditions are met. It permits an heir in actual, exclusive possession to ask a court to declare them sole owner after 7 years of paying all property taxes, during which no other co-owner has paid taxes, maintained or improved the property, or asserted a claim. At least 2 years before filing, the heir must record a declaration, send mailed, email and text notices to other owners, and publish notice in a local newspaper. Co-owners may file objections with the recorder of deeds.

The bill was sponsored by Rep. Dave Vella (Democrat-68th District), Rep. Mary Beth Canty (Democrat-54th District), and Sen. Robert F. Martwick (Democrat-10th District).

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Gong-Gershowitz graduated from Indiana University in 1991 with a BA and again in 1996 from Loyola University School of Law at Chicago with a JD.

Gong-Gershowitz, a Democrat, was elected to the Illinois State House in 2019 to represent the state’s 17th House District, replacing previous state representative Laura Fine.

Lawmakers listed as “Not Voting” were present for the vote but did not cast a vote. Those marked as having an “Excused Absence” were not present and formally provided a reason for their absence, which was accepted.