Illinois Affidavit of Possession, Use, and Occupancy of Lands
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How to fill out Affidavit Of Possession, Use, And Occupancy Of Lands?
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FAQ
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.
Small Estate Affidavits. When the total value of an Illinois decedent's personal estate is less than $100,000, then a small estate affidavit (?affidavit?) may be able to be used to transfer the personal estate to the decedent's beneficiaries/heirs without opening a formal probate estate.
Wait Forty-five (45) Days. A period of forty-five (45) has to pass before you can use a small estate affidavit in the State of Indiana. Prepare Affidavit. Download Form 54985. ... Notify Every Person Identified. ... Get It Notarized. ... Collect the Assets.
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.
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.
Who Is Considered 'Next Of Kin' In The Illinois Wrongful Death Act? The term ?next of kin? will apply differently to each family, depending on its structure. In most cases, the next of kin refers to immediate family members such as a spouse, children, parents, or siblings.
O The Affidavit of Service of Summons and Complaint/Petition is the part of the form you will give to the court to prove that your Summons and Complaint/Petition were served on the Defendant/Respondent.
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.
