Illinois Small Estate Affidavit Form

Illinois Small Estate Affidavit Form

Last updated April 7th, 2022

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An Illinois small estate affidavit allows for a deceased person’s estate to be distributed without probate. For an estate to qualify, it must be valued at $100,000 and contain no real property (or such property is transferred via another instrument). The document must list all surviving heirs and any parties who are owed compensation for services and debts related to the decedent’s medical and funeral expenses, taxes, and business. Any surviving spouse and children are entitled to a monetary award from the estate once all claimants have been paid and before the remaining estate is distributed.

How to Record (3 Steps)

Step 1 – Requirements

To be considered eligible for a small estate affidavit, the estate in question must fulfill the below requirements.

  • The estate value cannot exceed $100,000.
  • The estate cannot include any real property unless it is transferred through another instrument, such as a transfer on death deed (TODD).
  • There cannot be any outstanding or pending letters of office or petitions on the decedent’s estate.

Step 2 – Complete and Notarize Affidavit

Complete the Small Estate Affidavit Form and bring it, along with a copy of the decedent’s death certificate and (if applicable) will, to a notary public. The notary must witness the affiant’s signature and provide their signature and notary seal.

Note: If the affiant is an out-of-state resident, an agent or circuit court clerk will need to be assigned to receive court process.

Step 3 – Collect Property

Once the affidavit has been notarized, the affiant can present it before any individuals and companies that hold the decedent’s assets to collect and distribute them to the heirs of the estate. A certified copy of the decedent’s death certificate and (if applicable) will must be attached to the affidavit. Before the estate can be distributed to the heirs and legatees, any creditors with claims on the estate must be compensated.