Public Act 096-0968
 		





HB5161 Enrolled
LRB096 16089 AJO 35395 b





  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Probate Act of 1975 is amended  by changing 
Sections 15-1, 15-2, and 25-1 as follows:
 



    (755 ILCS 5/15-1)  (from Ch. 110 1/2, par. 15-1)



    Sec. 15-1. Spouse's award. 

    (a) The surviving spouse of
a deceased resident of this 
State whose estate, whether
testate or intestate, is 
administered in this State, shall be
allowed as the surviving 
spouse's own property, exempt from the enforcement
of a 
judgment, garnishment or attachment in the possession of the

representative, a sum of money that the court deems reasonable

for the proper support of the surviving spouse for the
period 
of 9 months after the death of the decedent in a manner
suited 
to the condition in life of the surviving spouse
and to the 
condition of the estate and an additional sum
of money that the 
court deems reasonable for the proper
support, during that 
period, of minor and adult dependent
children of the decedent 
who reside with the surviving spouse at
the time of decedent's 
death. The award may in no case
be less than $20,000 $10,000, 
together with an additional sum not
less than $10,000 $5,000 
for each such child. The award shall be
paid to the surviving 
spouse at such time or times, not
exceeding 3 installments, as 
the court directs. If the
surviving spouse dies before the 
award for his support is paid
in full, the amount unpaid shall 
be paid to his estate. If
the surviving spouse dies or abandons 
a child before the
award for the support of a child is paid in 
full, the amount
unpaid shall be paid for the benefit of the 
child to such
person as the court directs.

    (b) The surviving spouse is entitled to the award
unless 
the will of the decedent expressly provides that the
provisions 
thereof for the surviving spouse are in lieu of
the award and 
the surviving spouse does not renounce the will.
    (c) The changes made by this amendatory Act of the 96th 
General Assembly apply to a decedent whose date of death is  on 
or after the effective date of this amendatory Act of the 96th


General Assembly. 

(Source: P.A. 87-287.)

 



    (755 ILCS 5/15-2)  (from Ch. 110 1/2, par. 15-2)



    Sec. 15-2. Child's award. 

    (a) If a minor or adult dependent child of the decedent 
does not reside
with the surviving spouse of the decedent at 
the time of decedent's death,
there shall be allowed to that 
child, exempt from the enforcement of a
judgment, garnishment 
or attachment in the possession of the
representative, a sum of 
money that the court deems reasonable for the
proper support of 
the child for the period of 9 months after the death of
the 
decedent, in a manner suited to the condition in life of the 
minor
child and to the condition of the estate. The award may 
in no case be less
than $10,000 $5,000 and shall be paid for 
the benefit of the child to such person
as the court directs.

    (b) If a deceased resident of this State leaves no

surviving spouse, there shall be allowed to all children of the

decedent who were minors at the date of death and all adult

dependent children, exempt from the enforcement of a judgment, 
garnishment
or attachment in the possession of the 
representative, a sum of money that
the court deems reasonable 
for the proper support of those children for the
period of 9 
months after the death of the decedent in a manner suited to

the condition in life of those children and to the condition of 
the estate.
The award may in no case be less than $10,000 
$5,000 for each of those children,
together with an additional 
sum not less than $20,000 $10,000 that shall be divided
equally 
among those children or apportioned as the court directs and 
that
shall be paid for the benefit of any of those children to 
any person that
the court directs.

    (c) The changes made by this amendatory Act of the 96th 
General Assembly apply to a decedent whose date of death is on 
or after the effective date of this amendatory Act of the 96th


General Assembly. 
(Source: P.A. 87-287.)

 



    (755 ILCS 5/25-1)  (from Ch. 110 1/2, par. 25-1)


    Sec. 25-1. Payment or delivery of small estate of decedent 
upon
affidavit.
    (a) When any person or corporation (1) indebted to or 
holding
personal estate of a decedent, (2) controlling the 
right of access to
decedent's safe deposit box or (3) acting as 
registrar or transfer agent
of any evidence of interest, 
indebtedness, property or right is
furnished with a small 
estate affidavit in substantially the
form hereinafter set 
forth, that person or corporation shall pay the
indebtedness, 
grant access to the safe deposit box, deliver the personal

estate or transfer or issue the evidence of interest, 
indebtedness,
property or right to persons and in the manner 
specified in paragraph 11 of
the affidavit or to an agent 
appointed as hereinafter set forth.

    (b)        Small Estate Affidavit

    I,        (name of affiant)    , on oath state:

    1.  (a) My post office address is:                     ;

        (b) My residence address is:                   ; and

        (c) I understand that, if I am an out-of-state 
resident, I submit myself
to the jurisdiction of Illinois 
courts for all matters related to the preparation
and use of 
this affidavit.  My agent for service of process in Illinois is:

NAME..........................


ADDRESS.......................


CITY..........................


TELEPHONE (IF ANY)............


I understand that if no person is named above as my agent for 
service or,
if for any reason, service on the named person 
cannot be effectuated, the
clerk of the circuit court of 
......(County) (Judicial Circuit) Illinois
is recognized by 
Illinois law as my agent for service of process.

    2. The decedent's name is            ;

    3. The date of the decedent's death was            , and I 
have
attached a copy of the death certificate hereto.

    4. The decedent's place of residence immediately before his

death was            ;

    5. No letters of office are now outstanding on the 
decedent's estate and
no petition for letters is contemplated 
or pending in Illinois or in any
other jurisdiction, to my 
knowledge;

    6. The gross value of the decedent's entire personal 
estate, including
the value of all property passing to any 
party either by intestacy  or
under a will, does not exceed 
$100,000.  (Here, list each asset, e.g., cash,
stock, and its 
fair market value.);


















    7. (a) All of the decedent's funeral expenses have been 
paid,
or (b) The amount of the decedent's unpaid funeral 
expenses and the name
and post office address of each person 
entitled thereto are as follows:
Name and post office addressAmount


(Strike either 7(a) or 7(b)).





























    8. There is no known unpaid claimant or contested claim 
against the
decedent, except as stated in paragraph 7.
    9.  (a) The names and places of residence of any surviving 
spouse, minor
children and adult dependent* children of the 
decedent are as follows:
Name andPlace ofAge of
RelationshipResidenceminor child





*(Note: An adult dependent child is one who is unable to 
maintain himself
and is likely to become a public charge.)
    (b) The award allowable to the surviving spouse of a 
decedent who was
an Illinois resident is $..........
($20,000 
$10,000, plus $10,000 $5,000 multiplied by the number of minor 
children and adult
dependent children who resided with the 
surviving spouse at the time of the
decedent's death.  If any 
such child did not reside with the surviving
spouse at the time 
of the decedent's death, so indicate).
    (c) If there is no surviving spouse, the award allowable to 
the minor
children and adult dependent children of a decedent 
who was an Illinois
resident is $.......... ($20,000 $10,000, 
plus $10,000 $5,000
multiplied by the number of minor children 
and adult dependent children),
to be divided among them in 
equal shares.












































    10. (a) The decedent left no will.  The names, places of 
residence and
relationships of the decedent's heirs, and the 
portion of the estate to
which each heir is entitled under the 
law where decedent died intestate
are as follows:
Name, relationshipAge ofPortion of
and place of residenceminorEstate
OR





    (b) The decedent left a will, which has been filed with the 
clerk of
an appropriate court.  A certified copy of the will on 
file is attached.
To the best of my knowledge and belief the 
will on file is the decedent's
last will and was signed by the 
decedent and the attesting witnesses as
required by law and 
would be admittable to probate.  The names and places
of 
residence of the legatees and the portion of the estate, if 
any, to
which each legatee is entitled are as follows:
Name, relationshipAge ofPortion of
and place of residenceminorEstate





    (Strike either 10(a) or 10(b)).
    (c) Affiant is unaware of any dispute or potential conflict 
as to the
heirship or will of the decedent.
    11. The property described in paragraph 6 of this affidavit 
should be
distributed as follows:
    Name        Specific sum or property to be distributed
 
 
The foregoing statement is made under the penalties of 
perjury*.

.........................


Signature of Affiant
     

*(Note: A fraudulent statement made under the penalties of 
perjury is
perjury, as defined in Section 32-2 of the Criminal 
Code of 1961.)

    (c) Appointment of Agent.  If safe deposit access is 
involved or if sale
of any personal property is desirable to 
facilitate distribution pursuant
to the small estate 
affidavit, all persons named in paragraph 11 of the
small 
estate affidavit (excluding minors and unascertained or 
disabled
persons) may in writing appoint one or more persons as 
their agent for that
purpose. The agent shall have power, 
without court approval, to gain access
to, sell, and distribute 
the property for the benefit of all persons named
in paragraph 
11 of the affidavit; and the payment, delivery, transfer,

access or issuance shall be made or granted to or on the order 
of the agent.

    (d) Release.  Upon payment, delivery, transfer, access or 
issuance
pursuant to a properly executed affidavit, the person 
or corporation is
released to the same extent as if the 
payment, delivery, transfer, access
or issuance had been made 
or granted to the representative of the estate.
Such person or 
corporation is not required to see to the application or

disposition of the property; but each person to whom a payment, 
delivery,
transfer, access or issuance is made or given is 
answerable therefor to any
person having a prior right and is 
accountable to any representative of the
estate.

    (e) The affiant signing the small estate affidavit prepared 
pursuant to
subsection (b) of this Section shall indemnify and 
hold harmless all creditors
and heirs of the decedent and other 
persons relying upon the affidavit who
incur loss because of 
such reliance.  That indemnification shall only be
up to the 
amount lost because of the act or omission of the affiant.  Any

person recovering under this subsection (e) shall be entitled 
to reasonable
attorney's fees and the expenses of recovery.

    (f) The affiant of a small estate affidavit who is a 
non-resident of
Illinois submits himself or herself to the 
jurisdiction of Illinois courts
for all matters related to the 
preparation or use of the affidavit.  The
affidavit shall 
provide the name, address, and phone number of a person
whom 
the affiant names as his agent for service of process.  If no 
such
person is named or if, for any reason, service on the 
named person cannot
be effectuated, the clerk of the circuit 
court of the county or judicial
circuit of which the decedent 
was a resident at the time of his death shall
be the agent for 
service of process.

    (g) Any action properly taken under this Section, as 
amended by Public Act 93-877, on or after August 6, 2004 (the 
effective date of Public Act 93-877) is valid regardless of the 
date of death of the decedent.

    (h)  The changes made by this amendatory Act of the 96th 
General Assembly apply to a decedent whose date of death is on 
or after the effective date of this amendatory Act of the 96th


General Assembly. 
(Source: P.A. 93-877, eff. 8-6-04; 94-57, eff. 6-17-05.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.