If you wish to inherit a small estate without going to court and following the lengthy probate process, you can file a small estate affidavit in the state of Illinois. We explain everything you need to know about the Illinois Small Estate Affidavit below. You can use the free Illinois small estate affidavit form on this page to create your own affidavit.
What Is an Illinois Small Estate Affidavit?
An Illinois small estate affidavit is a document that facilitates the transfer of property to an inheritor after the property owner’s death. The small estate affidavit allows you to skip the usual probate of will proceedings, which are time-consuming and costly.
Armed with the small estate affidavit, you are allowed to request a third party to transfer assets belonging to the deceased to you. Bear in mind that the assets in question must be under a certain value - $100,000 in the state of Illinois.
Every small estate affidavit must meet certain legal requirements to be valid, but you don’t need to file the affidavit with local courts in Illinois. If there are any problems, like trouble with the valuation of the estate, then the intervention of the local court may be needed.
Who Can Use an Illinois Small Estate Affidavit?
You must be an executor of the will or a beneficiary – and you must meet all of the following requirements to use a small estate affidavit in Illinois:
- The dead person must not have owned any real property when they died.
- The total of the property the deceased owns is less than $100,000.
- A probate court must not have issued a letter of office authorizing the executor of the will to distribute the deceased’s property.
- In case a will exists, it must have been filed with the county court where the deceased lived at least 30 days before they died.
- The will is not being contested or there are no doubts about the heir.
- If there are unpaid debts, they must be listed and you must promise to see to the payment.
- You must be either the executor of the will or qualify as a beneficiary.
What Information Do You Need to File an Illinois Small Estate Affidavit?
Your affidavit must include all the information required under Illinois law, more specifically the Probate Act of 1975 – 755 ILCS 5. It can be a little complicated if the case isn’t straightforward.
We’ll note the essential information for you here:
- Your details: You will need to put your name as the person signing the affidavit and your mailing and residential address. If you are not in Illinois, you will need to list a proxy in Illinois who can accept papers on your behalf.
- Deceased’s details: The decedent’s name, date of death, place of residence, and applicable county must be mentioned. Also, attach the death certificate as proof of death.
- Assets: An itemized list of assets with their market value.
- Vehicles: Vehicles must be described separately from other assets.
- Debt information: If the person had any debts, you must include them – and promise to pay if applicable:
- Funeral expenses
- Spouse or child award
- Employee payments
- Trust payments
- Tax debts
- State debts
- Any claims against the decedent
- Close family members: Names and other personal details of partners and children.
- Award calculations: Awards for the children and spouse.
- Presence of a will: Whether the decedent left a will or not.
- Relationship: Mention the relationship you share with the deceased.
- Distribution of remaining assets: After any claim payments, who the remaining assets will be distributed to.
- Notarization: You must sign the affidavit and date it at a notary.
Conclusion
You are not required to file the document with Illinois courts, but you may need to go to court over disputes. If you need legal assistance, it’s best to consult with an attorney.
You can use the free Illinois Small Estate Affidavit template here to create your own free template. CocoSign also provides free templates for a range of legal and formal scenarios.