Letter Request Court Sample Format
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FAQ
The Madison County Circuit Clerk's office provides the Small Estates Affidavit form as a courtesy to individuals needing to dispose of a decedent's estate valued at $100,000.00 or less. After completing the affidavit, you may deliver it to the institution requesting it.
Since the affidavit does not need to be filed with the court, there are no filing or court fees. The only cost is likely to be paying to have signatures notarized. However, a notary's services typically cost $20 or less. Illinois lays out the requirements of a small estate affidavit on its legislative website.
If estate personal assets are $100,000 or less, then you can pass the asset on using a small estate affidavit. This affidavit cannot be used for real estate. If there is a will, file the will with the Circuit Clerk, obtain a certified copy of the will, and attach it to the small estate affidavit.
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.
Probating a will can be both expensive and time-consuming. Because of this, Illinois law allows estates that are valued at $100,000 or less to be transferred to heirs through what is called a small estate affidavit process. This procedure is less expensive and faster than a full probate proceeding.
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.
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.
What is an Affidavit of Heirship in Illinois? An affidavit of heirship is a written statement establishing the right of inheritance.