An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
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.
Thus, unless otherwise provided for by a specific supreme court rule or statutory authorization, an affidavit must be notarized to be valid. See Roth, 202 Ill.
Requirements for Filing First, the total value of the decedent's personal estate must not exceed $100,000, excluding real estate. Heirs or executors must ensure the decedent owned no real estate at the time of death. The affidavit must be completed and notarized by an heir or executor.
The heirship of a deceased person is determined through a document called an “Affidavit of Heirship”. This is a form that gives a detailed explanation of the heirs at law of the deceased person at the time of his/her death.
Write only about what you know or what you have seen. Do not include information that you have heard about or that you assume to be true. The language of the affidavit states that you are providing the information on your “personal knowledge” and this should be the standard that you use. Tell the truth.
How to fill out a small estate affidavit in Illinois Fill in your name and information in #1. Complete the information about the decedent in #2-4. Mark either #7a or #7b depending on what is true. Complete #9a to indicate the names of the spouse and children if any.
To use a Small Estate Affidavit in Illinois, you'll need to meet the following qualifications: The total value of the estate must be less than $100,000. The estate must not include any real property. There cannot be any outstanding debts or claims against the estate.
Requirements for Filing First, the total value of the decedent's personal estate must not exceed $100,000, excluding real estate. Heirs or executors must ensure the decedent owned no real estate at the time of death. The affidavit must be completed and notarized by an heir or executor.
