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To fill out a small estate affidavit, you will need a list of any unpaid debts owed by the decedent. For example, the decedent might owe money for medical bills and credit card bills. You will also need a list of all the property and assets in the estate.
You can only use a small estate affidavit if the estate has no more than $100,000 in it. You cannot use a small estate affidavit to transfer real property, such as a house. However, the decedent's real property may have already been transferred to someone else. This could be done by a Transfer on Death Instrument or a joint tenancy. If so, you can use a small estate affidavit for the rest of the estate. Read more about Using a small estate affidavit.
If you are not an Illinois resident, you need to provide the information of someone who is. You should include their name, address, and phone number. This person may be contacted if you are gone.
The next step in using a small estate affidavit is to fill out the form. You can:
- Use our small estate affidavit form preparation program to help you fill out a small estate affidavit;
- Download the form from the Secretary of State’s website; or
- Pick up the form at your local circuit clerk's office and fill it out by hand.
Make at least two copies of the completed affidavit. Attach a copy of the death certificate. Also, attach a certified copy of the will that was filed if there is one.
Sign the affidavit. Remember that by signing the affidavit you promise to pay the decedent’s debts before giving any money to anyone else.
You can show the affidavit to any person, bank or corporation that has the property of the estate. The bank, person, or corporation must give away the property the way the affidavit says. Once the property is transferred, the person who gave you the property cannot be sued.
The person or corporation that has the decedent's property must turn over the property after you give them the small estate affidavit. If they don’t, you can file a civil court claim to get the property.
Legal Comment
Legal Comment
Submitted by Richard Vinson on Tue, 04/11/2023 - 15:10
Submitted by Teri Ross on Mon, 04/17/2023 - 10:39
Richard, your question is beyond our level of expertise in this area. You may want to see if you can find any guidance on the estate-planning section of the ISBA's website. Otherwise, an estate planning lawyer should be able to help. Best of luck -
Submitted by Bernie Guerin on Tue, 03/07/2023 - 13:35
Submitted by Teri Ross on Wed, 03/08/2023 - 11:46
Bernie, thanks for your question and I am sorry for your loss. Please see Transferring property with a small estate affidavit for information on how to deal with the bank where your mother's accounts are held. Best -
Submitted by David Eckell on Tue, 05/02/2023 - 12:33
Submitted by Jordan Papai on Fri, 05/05/2023 - 15:58
Hello and thank you for your comment. This article on the Risks of using a small estate affidavit provides some information on the limitations of using a small estate affidavit.
Unfortunately, we cannot provide legal advice. We recommend reaching out to Get Legal Help to find a free legal aid attorney in your area who may be able to help you best protect yourself and your heirs. Good luck to you.
Worried about doing this on your own? You may be able to get free legal help.
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