Illinois small estate affidavit 2025

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  1. Click ‘Get Form’ to open the Illinois Small Estate Affidavit in our editor.
  2. Begin by entering your name and post office address in the designated fields. Ensure that your residence address is also filled out accurately.
  3. If you are an out-of-state resident, provide the name and address of your agent for service process in Illinois.
  4. Fill in the decedent’s name and date of death. Attach a copy of the death certificate if not previously submitted.
  5. List the decedent’s place of residence before death and confirm that no Letters of Office are outstanding on their estate.
  6. Detail the gross value of the decedent’s personal estate, ensuring it does not exceed $100,000. List each asset with its fair market value.
  7. Indicate whether all funeral expenses have been paid or list any unpaid expenses along with relevant details.
  8. Provide information about surviving family members, including spouses and children, as well as any claims against the estate.
  9. Mark whether the decedent left a will or died intestate, providing necessary details for each scenario.
  10. Finally, specify how the property should be distributed among heirs and sign the affidavit under penalties of perjury.

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Since the affidavit does not need to be filed with the court, there are no filing or court fees. The only cost is likely to be paying to have signatures notarized. However, a notarys services typically cost $20 or less. Illinois lays out the requirements of a small estate affidavit on its legislative website.
When you use a small estate affidavit, you become legally responsible to any creditors. This means that someone who should have received money or property from the decedents estate can file a lawsuit against you.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.
Criteria for Using a Small Estate Affidavit in Illinois Value of the Estate: The estates total value must not exceed $100,000. Nature of Assets: The assets should be personal property like bank accounts, stocks, or vehicles. Timeframe: A minimum of 30 days must have passed since the deceaseds death.
Complete the affidavit: Fill out the form with the decedents information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.