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You can request a form small estate affidavit from the probate court clerk in the county where the deceased person lived. The affidavit must contain specific information, including: the deceased persons name and address.
Does a small estate affidavit need to be filed with the court in Illinois? A small affidavit does not need to be filed with a court. You can find the small estate affidavit form from the Illinois Secretary of State online or in person at your local circuit county clerks office.
For a full list of Probate thresholds, see Bank Limits for Probate. If the deceased only had small amounts in bank accounts it is likely a Grant of Probate will not be needed to release the funds.
Any estate with probate assets exceeding $100,000.00 must go through the formal probate process. Additionally, Probate is typically required in Illinois when the probate assets contain real estate.
A small affidavit does not need to be filed with a court. You can find the small estate affidavit form from the Illinois Secretary of State online or in person at your local circuit county clerks office. Once its filled out, make at least one extra copy of the affidavit.
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To use a small estate affidavit, all of the following must be true: The total amount of property in the estate is worth $100,000 or less; The person who died did not own any real estate , or they owned real estate that went to someone else when they died.
Generally, a formal probate court proceeding is necessary in Illinois only if: there are assets that the deceased person owned solely (not jointly), and. all of the probate assets, together, are worth more than $100,000.
Assets that go through the probate process include the following. Property in a will. Tenants-in-common assets. Assets with no named beneficiary. Jointly-owned assets. Assets with a named beneficiary. Assets covered by the Illinois Small Estate Affidavit. Property held in a trust. Assets that are transferred on death.
Because of this, Illinois law allows estates that are valued at $100,000 or less to be transferred to heirs through what is called a small estate affidavit process. This procedure is less expensive and faster than a full probate proceeding.
Does a small estate affidavit need to be filed with the court in Illinois? A small affidavit does not need to be filed with a court.

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