82004) CCP 0608 A - 12 218 239-2026

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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 that you provide both your post office and residence addresses in the respective sections.
  3. If you are an out-of-state resident, indicate your agent for service of process in Illinois, including their name and address.
  4. Fill in the decedent's name and date of death. Remember to attach a copy of the death certificate as required.
  5. Provide details about the decedent's last place of residence and confirm that no letters of office are outstanding on their estate.
  6. Indicate the gross value of the decedent's personal estate, ensuring it does not exceed $100,000. Attach a list of assets with their fair market values.
  7. Complete section 7 by striking through either (a) or (b) based on whether all funeral expenses have been paid or if there are unpaid expenses.
  8. List any known claimants or contested claims against the decedent, if applicable.
  9. Provide information about surviving family members, including names, relationships, and places of residence.
  10. Finally, review all entries for accuracy before signing at the bottom of the form under penalties of perjury.

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When you use a small estate affidavit, you become legally responsible to any creditors. This means that someone who should have received money or property from the decedents estate can file a lawsuit against you.
Have It docHubd: The affidavit must be signed in the presence of a notary public, who will docHub it. This step is crucial it gives the document a formal credibility. Collect the Assets: Present the docHubd affidavit to the institution or person holding the asset.
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.
Whats New in the Illinois Small Estate Affidavit Law? Increased Estate Value Threshold: The maximum value for a decedents personal estate (excluding motor vehicles registered with the Illinois Secretary of State) has increased from $100,000 to $150,000.
Illinois Probate Threshold In Illinois, estates with a total value exceeding $100,000 must go through probate.

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