Illinois Small Estate Affidavit Form 2015-2021

What Is Illinois Small Estate Affidavit Form

The Illinois Small Estate Affidavit Form is a legal document that allows for the expedited transfer of assets from a deceased person's estate to their rightful heirs or beneficiaries. This form is applicable when the deceased individual's property, excluding real estate, does not exceed a certain value threshold, thus qualifying as a "small estate." The affidavit is a streamlined process that bypasses the need for formal probate, making it easier for beneficiaries to claim assets they are entitled to under Illinois law.

When to Use Small Estate Affidavit Illinois Form

The small estate affidavit Illinois form should be used in situations where:

• The decedent has passed away without a will, and their estate's total value does not exceed the statutory limit set by Illinois law.
• The decedent had a will, but the estate still falls under the small estate value threshold, and probate can be avoided.
• Personal property such as bank accounts, vehicles, or stocks need to be transferred to the beneficiaries.
• All the decedent's debts, including funeral and burial expenses, have been paid or accounted for.
• As required by Illinois statutes, at least 30 days have passed since the individual's death before filing the affidavit.

How To Fill Out Illinois Small Estate Affidavit Form Instruction

To fill out the Illinois Small Estate Affidavit Form 2015-2021, please follow these step-by-step instructions:

Step 1: Prepare Supporting Documents Before you begin

Gather the decedent's death certificate and any evidence of the assets you will be listed on the affidavit.

Step 2: Complete the Affiant Information Section

Enter your full legal name where indicated as the Affiant.

Provide your post office address and residence address in the designated fields.

If you are a non-resident of Illinois, name an agent for service of process within Illinois. Provide your agent's name, address, city, and telephone number.

Step 3: Enter the Decedent's Information

Write the full legal name of the decedent.

State the date of the decedent's death and attach a copy of the death certificate if it has not been submitted previously.

Specify the decedent's place of residence immediately before death, including street address, city, and state.

Step 4: Certify the Estate's Status

To your knowledge, confirm that no Letters of Office are outstanding and that no petition for letters is pending in Illinois or any other jurisdiction.

Step 5: Assess and List the Estate's Assets

Determine the gross value of the decedent’s entire personal estate, ensuring it does not exceed $100,000.00, and list each asset with its fair market value.

Step 6: Address Funeral Expenses

Indicate whether all of the decedent’s funeral expenses have been paid. If not, list the amount of unpaid funeral expenses and the names and addresses of persons entitled to them.

Step 7: List Unpaid Claims

State any known unpaid claimants or contested claims against the decedent, except for funeral expenses.

Step 8: Identify Survivors and Entitlements

List the names, places of residence, and ages of any surviving spouse, minor children, and adult dependent children.

Calculate the spousal award, if applicable, and indicate the portions of the estate entitled to the heirs.

Step 9: Detail the Distribution of the Estate

Specify how the assets listed in your assessment (Step 5) should be distributed, including names and what specific sum or property each is to receive.

Step 10: Provide Affiant Identification

Sign and date the affidavit in front of a notary public. Provide your daytime telephone number.

The notary will then sign, date, and seal the affidavit.

Step 11: Notarize the Affidavit

Have the document signed and sworn to before a notary public, supplying the current date.

Remember, by signing this affidavit, you assume responsibility for the integrity of the information submitted and agree to indemnify and hold harmless all creditors, heirs, and other persons relying upon the affidavit for any losses inflicted due to reliance on the affidavit. The affidavit must be truthfully completed under penalty of perjury.