The Illinois Small Estate Affidavit may be what you need. The estate of an Illinois resident does not have to go through probate if the decedent left property otherwise subject to probate not exceeding $100,000 in value. Property not subject to probate includes life insurance and retirement plan death benefits (unless there is no beneficiary, or the beneficiary is listed as the "estate"), payment/transfer on death accounts, jointly held property with right of survivorship, and certain contractual (including trust) beneficial interests. Click here for information on settling larger estates.
Heirs, legatees, creditors and others can settle a small estate. You need access to the following records of the decedent:
- a copy of the death certificate,
- a list of the decedent's property (except for items of little or no value) including amounts owed to the estate, along with the identity of the debtors (e.g., banks, retirement plan administrators, life insurance companies, etc.) and the corresponding account numbers,
- the fair market value of each item or category of property,
- the decedent's place of residence at the time of his death,
- amounts owed the decedent's creditors (including funeral expenses, etc.) along with their names, addresses and account numbers,
- a list of the decedent's living heirs (spouse and children, otherwise parents and siblings, or if predeceased, the children thereof) and legatees (beneficiaries named in the Will), their places of residence, and birth dates of minor children, and
- a copy of the decedent's Will and any codicils.
If the decedent didn't have
significant debts at the time of his death, and there are no special
circumstances surrounding his assets, heirs and legatees, you may be able
collect assets titled in the decedent's name using
a Small Estate Affidavit.
The substance of
what is required to be included in the Small Estate Affidavit is set forth in
the Probate Act. It generally requires the knowledge and training of an attorney
to prepare the Affidavit. If the decedent left significant debts, or
there are special circumstances, you may save time, and in some cases
collect more funds, by having
an attorney prepare the Affidavit.
If you need an
attorney you may fill out the Contact form.
Please note that we do not give legal advise without first
establishing an attorney-client relationship.
Information about transferring title to
decedent's automobile
can
be found here.
