Affidavit illinois state 2025

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Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
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.
Pertinent information about yourself, such as your name, address, occupation, and any other similar identifying information. Your statement or statements of fact; each separate statement of fact should be in its own paragraph. A notarization section that will be signed and dated by the notary public.
When you need an affidavit you will need to have the document notarized in order for it to be legally binding. This can be done with a traditional in-person or mobile notary, or an affiant can provide their statement using Remote Online Notarization (RON).
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.

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If there are unpaid debts of the deceased (including funeral costs), you have listed them on the affidavit and promise to pay them. To file the affidavit, you must be either the executor of the decedents will if there is one, or someone who would inherit through Illinois state intestacy laws if there is no will.
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.
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.

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