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.