Money & Debt

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Risks of using a small estate affidavit

When you use a small estate affidavit, you have to pay the decedent's bills before paying money to anyone else.

When you sign the small estate affidavit, you are agreeing to acknowledge and pay debts. Make sure to find out the exact amount of debt. Make sure the debts have been paid and are being paid with the decedent’s money. If there are debts you should have known about, and are not paid, you could be personally responsible for those debts.

There is an order that expenses must be paid. The order is:

  1. Funeral and burial expenses, fees of administration of estate, and final guardianship fees,
  2. Surviving spouse and child award, if applicable,
  3. Debts owed to the US,
  4. Money due to employees,
  5. Money and property held in trust,
  6. Debts due to Illinois, counties, towns, and
  7. Other claims.

If there is not enough money in the decedent’s estate to pay the expenses, the expenses in a class may be paid proportionately. Some creditors may not get paid.

For example, the decedent might have owed money to a credit card company when they died. If you use the small estate affidavit, you must give money from the estate to pay the credit card company. If you don't pay the credit card company, it can file a lawsuit against you. If they win in court, you would have to pay them the amount owed. This is true even if you do not keep any money or property and give all of it to others.

It is important that there are no claims made against the estate if you sign the affidavit. If there are, then you must list them on the affidavit so they can be paid. There should be no fights over who should receive money or property from the estate.

Last full review by a subject matter expert
March 07, 2023
Last revised by staff
February 01, 2022

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