Mark Required Fields In Legal Illinois Small Estates Forms For Free

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 notary's services typically cost $20 or less. Illinois lays out the requirements of a small estate affidavit on its legislative website.

Deliberately altering or destroying a will, or failing to file it within 30 days after the death of the testator, is considered a Class 3 felony under Illinois law. All original wills which are admitted to probate shall remain in the custody of the clerk, unless otherwise ordered by the court.

The basic requirements for filing a Small Estate Affidavit in Illinois are that the deceased person must have been a resident of Illinois, the total value of the estate must be less than $100,000, and no other probate proceedings should be taking place.

A small estate affidavit is a sworn legal document a person can use to assert a claim to assets from the estate of someone who has died. In Illinois, the affidavit is not filed with the court but can be presented to a person, bank, brokerage or other holder of an asset from the estate.

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.

Use the online small estate affidavit or obtain a copy from your local court. To complete the form: Fill in your name and information in #1.