An Illinois Small Estate Affidavit is a legal document filed in the state of Illinois to prove a person's right to an estate without going through the full probate process. It is used when the estate of the deceased is valued at $100,000 or less and all debts have been paid. There are two types of Illinois Small Estate Affidavit: the Independent Administration Affidavit and the Summary Administration Affidavit. The Independent Administration Affidavit is used when the deceased has a will and allows the executor to handle the distribution of the estate without court involvement. The Summary Administration Affidavit is used when there is no will and the estate is distributed according to the state laws on intestate succession. Both types of affidavits require the signature of the person claiming the estate, and the signatures of two witnesses.
Illinois Small Estate affidavit
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How to fill out Illinois Small Estate Affidavit?
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FAQ
In Illinois, a will must be filed within thirty (30) days of a person's death. Failure to file a will in your possession is a felony under Illinois law.
You can only use a small estate affidavit if the estate has no more than $100,000 in it. You cannot use a small estate affidavit to transfer real property, such as a house. However, the decedent's real property may have already been transferred to someone else.
This statement of the decedent's intent is commonly known as that person's "Will." Under Illinois law, it is required that any person who possesses the Will of a decedent file it with the Clerk of the Circuit Court of the county in which that individual resided within 30 days after the death of the testator is known to
The form must be notarized, so make sure you don't sign it until you can do so in the presence of a notary public. You'll also need to attach a copy of the death certificate and a certified copy of the will if there is one.
To use a small estate affidavit, all of the following must be true: The total amount of property in the estate is worth $100,000 or less; The person who died did not own any real estate, or they owned real estate that went to someone else when they died.
Probate is typically necessary in Illinois when the decedent owns any real estate or more than $100,000.00 of non-real-estate assets outside of a trust.
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.