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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.
An Illinois small estate affidavit provides a streamlined way for an heir to gather and distribute the assets of a person who died, provided that the estate does not exceed $100,000.
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. A court has not given out any letters of office.
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.
Using the affidavit is simple. Once youve completed it, you dont need to file it with the court. You just give a copy of it to the companies or people holding the property you are seeking to transfer. This will notify them that they can release the property to you.
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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. A court has not given out any letters of office.
Most people can draft and complete the affidavit without help from an attorney. Illinois Legal Aid has an online sample form along with instructions for filling it out. Local courts can also provide forms. Financial institutions sometimes have their own forms as well.
This does not mean that a will cannot be filed after 30 days it can be filed at any time. However, if a will is not filed within 30 days of the decedents death, family members may proceed as if the decedent died without a will. When a person dies without making a valid will, they die intestate.
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.
In Illinois, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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