Affidavit Of Surviving Spouse/dependency With Undertaking Sss In Illinois
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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.
Write only about what you know or what you have seen. Do not include information that you have heard about or that you assume to be true. The language of the affidavit states that you are providing the information on your “personal knowledge” and this should be the standard that you use. Tell the truth.
Affidavits can occur any time a formal promise is made, and they are often used as a form of documentation tied to a specific person in the proceedings. They are often used in court to serve as evidence toward a singular side in a dispute, or to affirm a claim that someone is making.
Pertinent information about yourself, such as your name, address, occupation, and any other similar identifying information. Your statement or statements of fact; each separate statement of fact should be in its own paragraph. A notarization section that will be signed and dated by the notary public.
To use a small estate affidavit, all of the following must be true: The total amount of property in the estate is worth $100,000 or less; The person who died did not own any real estate, or they owned real estate that went to someone else when they died. A court has not given out any letters of office.
There are a few general rules for filling out an affidavit form, regardless of the state in which you reside: Avoid wordiness. Write only about things that are within your personal knowledge. Be truthful. Use "I" statements. Number the paragraphs.
To fill out this affidavit, begin by providing your personal information and details about the deceased. Ensure you have all required documents that prove your relationship to the decedent. Lastly, complete the sections regarding the next of kin and sign before a notary public.
Illinois' “per stirpes” law dictates that half of the estate passes to the surviving spouse while the other half is divided among children, grandchildren, and great-grandchildren. If there is no surviving spouse, the entire estate passes to the deceased's children.
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.
