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.
To start a probate case in Illinois, an interested person must file a petition with the Probate Court asking that an administrator be appointed, that the Court determine the heirs and that an estate be opened. Notice of the presentation of the petition and the hearing must then be provided to close relatives.
(Revised: 01/2021) Probate Code section 13100 provides for the collection or transfer of a decedent's personal property without the administration of the estate or probate of the will.
A small estate affidavit in Illinois is a legal document used to transfer the assets of a deceased person without undergoing formal probate. It applies to estates valued at $100,000 or less, not including real estate.
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 your affidavit using the first person. In other words, use “I” statements (e.g., “I am the President of XYZ, Inc.”). The sections of your affidavit should continue the numbering that began with the first two introductory sentences. Your early paragraphs should provide background information about you.
Complete the affidavit: Fill out the form with the decedent's information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
Complete the affidavit: Fill out the form with the decedent's information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.