An Illinois Small Estate affidavit is a legal document that allows an heir to take possession of a deceased person's estate without having to go through the probate process. It is used when the decedent died with a gross estate of less than $100,000 and no real estate. Different types of Illinois Small Estate affidavits include the Collection of Small Estate Assets, the Small Estate Transfer without Administration, and the Small Estate Transfer without Letters of Office. The Collection of Small Estate Assets affidavit is used when the decedent has a small amount of assets and the heir or heirs are trying to collect those assets without going through probate. The Small Estate Transfer without Administration affidavit is used when the decedent has no more than $100,000 of personal property and no real estate, and the heir or heirs are transferring the property without the need for a court-appointed administrator. The Small Estate Transfer without Letters of Office affidavit is used when the decedent has assets of less than $100,000, and the heir or heirs are transferring the estate without the need for Letters of Office from the court.
Illinois Small Estate affidavit
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How to fill out Illinois Small Estate Affidavit?
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FAQ
No, all Wills do not automatically go through the Probate Court system in Illinois after the death of the Testator (the maker of the Will). To the contrary, a majority of estates in Illinois never need a Probate proceeding to be properly administered.
Things that aren't part of the deceased person's estate don't have to be handled in settling their estate. Probate is just one way to settle an estate when someone dies. And it's not always required. Illinois law allows a different and simplified procedure for handling small estates.
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.
Every estate does not have to go through probate. Probate is the legal process to make sure that a deceased person's debts and taxes are paid. In Illinois, a lawyer is required for probate unless the estate is valued at or less than $100,000 and does not have real estate.
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.
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.
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.
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