Illinois Affidavit by an Attorney-in-Fact in the Capacity of an Administrator of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Administrator Of An Estate?
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FAQ
The Big Picture Collect information. To fill out a small estate affidavit, you will need a list of any unpaid debts owed by the decedent. ... Fill out the small estate affidavit form. ... Sign and copy the small estate affidavit form. ... Use the small estate affidavit.
28-11. Closing the estate. (a) An independent representative is accountable to all interested persons for his administration and distribution of the estate but need not present an account to the court unless an interested person requests court accounting as in supervised administration.
Small Estate Affidavit Basics 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. If the affidavit is properly completed and the estate is eligible, the asset holder must then turn over the assets.
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.
Another option is to get the form from the Illinois Secretary of State online or in person at your local circuit county clerk's office. After you complete the form, make a copy of your affidavit. The state laws require notarizing the document, so you should not sign it until you can do so before a notary public.
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.
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.
