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It is not necessary to hire a lawyer to file a small estate affidavit. In fact, many probate courts provide forms on their website for the public's use.

A California small estate affidavit, or “Petition to Determine Succession to Real Property,” is used by the rightful heirs to an estate of a person who died (the “decedent”). The total net value of the estate cannot be more than $184,500 for it to qualify under this process and bypass probate.

To be able to use the small estate affidavit in Illinois, you must meet the following requirements: The person who died didn't own any real property at the time of death. The total of all other property does not exceed $100,000.

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.

Who may execute the Small Estate Affidavit? In Illinois, the Small Estates Affidavit may be executed by one or more heirs or legatees of the decedent. There is no requirement that all heirs sign. If the affiant is not a resident of Illinois, he submits himself to the jurisdiction thereof.

An Illinois small estate affidavit provides a streamlined way for an heir to gather and distribute the assets of a person who died, provided that the estate does not exceed $100,000. This form allows an heir to collect the personal property of the decedent without going to court.

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.

Who may execute the Small Estate Affidavit? In Illinois, the Small Estates Affidavit may be executed by one or more heirs or legatees of the decedent. There is no requirement that all heirs sign. If the affiant is not a resident of Illinois, he submits himself to the jurisdiction thereof.