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Illinois Small Estate Affidavit Form

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The Illinois small estate affidavit provides a streamlined way for an heir-at-law of a decedent to gather and distribute the assets of the estate of a person who died, provided that no other petition to open an estate in probate court has been filed and that the assets of the person who died do not exceed $100,000. By properly filling this out and having it properly executed, an heir can present this form to a third party to collect the personal property of the decedent. This form can only be used for personal property, not real property.

Laws755 ILCS 5/ (Probate Act of 1975)

Maximum (755 ILCS 5/25-1) – $100,000

How to Write

Step 1 – At the top of the document, fill in the County in which the decedent lived at the time of death and then enter your name as the person signing the affidavit.

Step 2 – In Section 1, enter your mailing and residential addresses, and if you are out of state, you have to list an agent in Illinois who can receive court papers.

Step 3 – Write in the decedent’s name, date of death and place of residence. Do not forget to attach a death certificate to the affidavit.

Step 4 – Write in each asset and the market value in Section 6.

Step 5 – If there are any vehicles, write in the vehicle description as directed.

Step 6 – In Section 7, write in the following debt information:

  • any funeral expenses,
  • spouse or child’s award if applicable
  • U.S. debts, such as tax debts
  • money due employees of the decedent
  • money and property held in trust by decedent
  • State of Illinois debts
  • all other claims

Step  7 – Names and addresses of any spouse or children

Step 8 – Calculate any award for the children and spouse

Step 9 – Indicate whether or not decedent left a will

Step 10 – Write in the relationship you have with the decedent

Step 11 – Write to whom the remaining assets go after payment of claims.

Step 12 – Sign and date in front of a notary.

 

 


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