82004) CCP 0608 A - 12 218 239-2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name in the designated field for the affiant. Ensure accuracy as this is a legal document.
  3. Fill in your post office and residence addresses in sections 1(a) and 1(b). If you are an out-of-state resident, provide an agent for service of process.
  4. In section 2, input the decedent's name, followed by the date of death in section 3. Attach a copy of the death certificate as required.
  5. Complete section 4 with the decedent's last known residence and confirm that no letters of office are outstanding in section 5.
  6. For section 6, list all assets ensuring their total value does not exceed $100,000. Attach a detailed list if necessary.
  7. Indicate whether all funeral expenses have been paid or list any unpaid amounts along with relevant details in section 7.
  8. Provide information about surviving family members in section 9, including names and relationships.
  9. Decide on will status in section 10 and fill out accordingly, providing details about heirs or legatees as applicable.
  10. Finally, specify how you wish to distribute the property described earlier in section 11 before signing at the bottom.

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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.
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.
These are called small estates. You can use a document called a Small Estate Affidavit to distribute the dece- dents property outside of the court without a courts supervision. If you use a Small Estate Affidavit, you are still bound by the terms of the will.
In Illinois, estates that do not include real estate, do not have debts or claims, and are worth $100,000 or less do not have to go through probate court.
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.
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Required information includes the decedents name, date of death, residence, and a detailed list of personal assets. Additionally, a list of beneficiaries or heirs and their relationship to the decedent must be provided. The affidavit must be completed accurately and notarized by an heir or executor.
Filing a notarized small estate affidavit could take weeks to months, depending on your state. Once youve sent the affidavit and necessary documents, the state will have to review it and might request additional information. Incorrect details or disputes between the heirs might cause delays in this process.

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