How do I get a small estate affidavit in Illinois?

How do I get a small estate affidavit in Illinois?

You can find the small estate affidavit form from the Illinois Secretary of State online or in person at your local circuit county clerk’s office. Once it’s filled out, make at least one extra copy of the affidavit.

What is the small estate limit in Illinois?

$100,000 or less
To use a small estate affidavit, all of the following must be true: The total amount of property in the estate is worth $100,000 or less; The person who died did not own any real estate , or they owned real estate that went to someone else when they died.

How do I file a small estate affidavit in Cook County?

Complete the form and file it with the Cook County Clerk. You can obtain a copy of the affidavit from the Cook county website. State how the assets will be distributed in paragraph 11 of the affidavit. Attach a copy of the death certificate, as required in paragraph three of the affidavit.

Who can complete a small estate affidavit in Illinois?

To file the affidavit, you must be either the executor of the decedent’s will if there is one, or someone who would inherit through Illinois state intestacy laws if there is no will.

Does an affidavit have to be notarized in Illinois?

We believe that Roth sets forward the state of the law in Illinois as to what is required in an affidavit and that Robidoux presents an exception to this law. Thus, unless otherwise provided for by a specific supreme court rule or statutory authorization, an affidavit must be notarized to be valid.

Can you deal with probate yourself?

Completing a paper probate application form If there’s not a will, fill in form PA1A. You can do this yourself or you can call the probate and inheritance tax helpline for help completing the form.

Can I sell furniture before probate?

The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate.

Can I sell a car before probate is granted?

A motor vehicle is a chattel and you do not have to wait until a grant of probate or letters of administration have been issued to be able to transfer a car to another owner or to sell it.

  • October 25, 2022