Affidavit Of Surviving Spouse Form In Illinois
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
Use an affidavit of marriage as your sworn statement that you are married and to name who you are married to. Often you will need this affidavit when applying for a foreign visa or if you lose your marriage certificate.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.
Active members Your new spouse will be eligible if: You are vested for an IMRF pension. You have been married to your new spouse for at least one year prior to your death. You named your new spouse as your only primary beneficiary on your IMRF Designation of Beneficiary form.
A valid Affidavit of Death requires the affiant to have personal knowledge of the deceased. Detailed identification of the deceased, the affiant's relationship with them, and the reason for the affidavit's execution should be clearly stated. Validation from a Notary Public is essential to certify its legality.
Generally, a surviving spouse is entitled to receive a “spouse's award” of $20,000, plus an additional $10,000 for each dependent child living with the spouse. (Note that a dependent child may be a minor or an adult.)
The Surviving Spouse's Award in Illinois Probate In Illinois, $20,000 is the minimum amount that can be awarded to a surviving spouse. The spouse may petition for a higher amount based on the standard of living he or she was accustomed to when their spouse was alive.
How much a spouse receives depends on whether the deceased person had children. If an Illinois resident dies and is survived by a spouse and children, the spouse will inherit half of the estate, and the children will receive the other half. If there are no children, the spouse will inherit the entire estate.
How to fill out a small estate affidavit in Illinois Fill in your name and information in #1. Complete the information about the decedent in #2-4. Mark either #7a or #7b depending on what is true. Complete #9a to indicate the names of the spouse and children if any.
The affidavit must be completed and notarized by an heir or executor. Essential details include the decedent's full name, death date, and last residence.
