The Illinois Small Estate Affidavit is an affidavit written by the heirs of an estate when a family member has passed away with or without a will. Find out how to write a free Illinois Small Estate Affidavit form, the time and monetary limits involved and where to file the document.
An Illinois small estate affidavit form is used in situations where the decedent has a limited amount of assets. To qualify as a small estate in Illinois, the estate must be valued at a maximum of $100,000. The Illinois Small Estate Affidavit can be used for the collection of personal property only, not real estate.
Illinois Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Illinois.
- Falls under Illinois Statues, Section 755 ILCS 5 / XXV of the Probate Act of 1975 Payment or delivery of small estate of decedent upon affidavit.
- The estate in question must be valued at less than $100,000.
- Affidavit must be filed in the local court where the decedent resided at the time of death.
How to Write an Illinois Small Estate Affidavit Form
Start the Illinois small estate affidavit by entering the county in Illinois that the affidavit is to be filed in. Then, fill in the name and the address of the affiant. Next, enter the name, date of death and the address of the decedent. Important – Make sure to attach a copy of the death certificate to the affidavit.
In Section 6, list the personal property to be collected along with the corresponding values of each. For vehicles, make sure to include VIN’s and license plate numbers in the attidavit. List any expenses, awards, debts or claims against the decedent’s estate in Section 7.
In Section 9, list the name, relationship and residence of the spouse and/or any dependents of the decedent. Section 10 of the Illinois estate affidavit is where the affiant discloses if the decedent has left a will or has not left a will. This is where the affiant can write if there is a dispute over the will or any conflict over heirship. The affiant can then sign, date and notarize the affidavit.
Free Illinois Small Estate Affidavit Form
Once executed, the successors can now present a copy of the affidavit to collect any personal property belonging to the decedent.
Fill out and print a free Illinois Small Estate Affidavit online.