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In Illinois, a will must be filed within thirty (30) days of a persons death. Failure to file a will in your possession is a felony under Illinois law.
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.
What is an Affidavit of Heirship in Illinois? An affidavit of heirship is a written statement establishing the right of inheritance.
Qualification. To be able to use the small estate affidavit in Illinois, you must meet the following requirements: The person who died didnt own any real property at the time of death. The total of all other property does not exceed $100,000.
Once the small estate affidavit is drafted and signed in front of a notary, it must be filed with the Probate Court in the county of the residence of the deceased person.
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Who Is Considered Next Of Kin In The Illinois Wrongful Death Act? The term next of kin will apply differently to each family, depending on its structure. In most cases, the next of kin refers to immediate family members such as a spouse, children, parents, or siblings.
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.
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. This form allows an heir to collect the personal property of the decedent without going to court.

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