93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2630


 
Introduced 2/4/2004, by Richard J. Winkel Jr.
 
SYNOPSIS AS INTRODUCED:
 		













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








    Amends the Probate Act of 1975.  In provisions concerning a small estate
affidavit, increases the permissible maximum value of the decedent's personal
estate from $50,000 to $100,000. Effective immediately.



















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A BILL FOR









 














SB2630

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1
    AN ACT in relation to estates. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Probate Act of 1975 is amended by changing

5
Section 25-1 as follows:


 



6
    (755 ILCS 5/25-1)  (from Ch. 110 1/2, par. 25-1)


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    Sec. 25-1. Payment or delivery of small estate of decedent 
8
upon
affidavit.

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    (a) When any person or corporation (1) indebted to or 
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holding
personal estate of a decedent, (2) controlling the 
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right of access to
decedent's safe deposit box or (3) acting as 
12
registrar or transfer agent
of any evidence of interest, 
13
indebtedness, property or right is
furnished with a small 
14
estate affidavit in substantially the
form hereinafter set 
15
forth, that person or corporation shall pay the
indebtedness, 
16
grant access to the safe deposit box, deliver the personal

17
estate or transfer or issue the evidence of interest, 
18
indebtedness,
property or right to persons and in the manner 
19
specified in paragraph 11 of
the affidavit or to an agent 
20
appointed as hereinafter set forth.

21
    (b)        Small Estate Affidavit

22
    I,        (name of affiant)    , on oath state:

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

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        (b) My residence address is:                        ; and

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        (c) I understand that, if I am an out-of-state 
26
resident, I submit myself
to the jurisdiction of Illinois 
27
courts for all matters related to the preparation
and use of 
28
this affidavit.  My agent for service of process in Illinois is:

29

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


30

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


31

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


32

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


 


 









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I understand that if no person is named above as my agent for 
2
service or,
if for any reason, service on the named person 
3
cannot be effectuated, the
clerk of the circuit court of 
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......(County) (Judicial Circuit) Illinois
is recognized by 
5
Illinois law as my agent for service of process.

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    2. The decedent's name is            ;

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

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

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death was            ;

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    5. No letters of office are now outstanding on the 
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decedent's estate and
no petition for letters is contemplated 
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or pending in Illinois or in any
other jurisdiction, to my 
14
knowledge;

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    6. The gross value of the decedent's entire personal 
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estate, including
the value of all property passing to any 
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party either by intestacy  or
under a will, does not exceed 
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$100,000
$50,000.  (Here, list each asset, e.g., cash,
stock, 
19
and its fair market value.);








































20    7. (a) All of the decedent's funeral expenses have been 
21paid,
or (b) The amount of the decedent's unpaid funeral 
22expenses and the name
and post office address of each person 
23entitled thereto are as follows:
24Name and post office addressAmount


25(Strike either 7(a) or 7(b)).
26    8. There is no known unpaid claimant or contested claim 
27against the
decedent, except as stated in paragraph 7.
28    9.  (a) The names and places of residence of any surviving 
29spouse, minor
children and adult dependent* children of the 
30decedent are as follows:
31Name andPlace ofAge of
32RelationshipResidenceminor child
33*(Note: An adult dependent child is one who is unable to 
34maintain himself
and is likely to become a public charge.)
 


 









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1    (b) The award allowable to the surviving spouse of a 
2decedent who was
an Illinois resident is $..........
($10,000, 
3plus $5,000 multiplied by the number of minor children and 
4adult
dependent children who resided with the surviving spouse 
5at the time of the
decedent's death.  If any such child did not 
6reside with the surviving
spouse at the time of the decedent's 
7death, so indicate).
8    (c) If there is no surviving spouse, the award allowable to 
9the minor
children and adult dependent children of a decedent 
10who was an Illinois
resident is $.......... ($10,000, plus 
11$5,000
multiplied by the number of minor children and adult 
12dependent children),
to be divided among them in equal shares.
13    10. (a) The decedent left no will.  The names, places of 
14residence and
relationships of the decedent's heirs, and the 
15portion of the estate to
which each heir is entitled under the 
16law where decedent died intestate
are as follows:
17Name, relationshipAge ofPortion of
18and place of residenceminorEstate
19
20OR
21    (b) The decedent left a will, which has been filed with the 
22clerk of
an appropriate court.  A certified copy of the will on 
23file is attached.
To the best of my knowledge and belief the 
24will on file is the decedent's
last will and was signed by the 
25decedent and the attesting witnesses as
required by law and 
26would be admittable to probate.  The names and places
of 
27residence of the legatees and the portion of the estate, if 
28any, to
which each legatee is entitled are as follows:
29Name, relationshipAge ofPortion of
30and place of residenceminorEstate
31    (Strike either 10(a) or 10(b)).
32    (c) Affiant is unaware of any dispute or potential conflict 
33as to the
heirship or will of the decedent.
34    11. The property described in paragraph 6 of this affidavit 
35should be
distributed as follows:
36NameSpecific sum or


 


 









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1
2property to be
3
4distributed
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The foregoing statement is made under the penalties of 
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perjury*.

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


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Signature of Affiant
     

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*(Note: A fraudulent statement made under the penalties of 
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perjury is
perjury, as defined in Section 32-2 of the Criminal 
11
Code of 1961.)

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    (c) Appointment of Agent.  If safe deposit access is 
13
involved or if sale
of any personal property is desirable to 
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facilitate distribution pursuant
to the small estate 
15
affidavit, all persons named in paragraph 11 of the
small 
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estate affidavit (excluding minors and unascertained or 
17
disabled
persons) may in writing appoint one or more persons as 
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their agent for that
purpose. The agent shall have power, 
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without court approval, to gain access
to, sell, and distribute 
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the property for the benefit of all persons named
in paragraph 
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11 of the affidavit; and the payment, delivery, transfer,

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access or issuance shall be made or granted to or on the order 
23
of the agent.

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

30
disposition of the property; but each person to whom a payment, 
31
delivery,
transfer, access or issuance is made or given is 
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answerable therefor to any
person having a prior right and is 
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accountable to any representative of the
estate.

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    (e) The affiant signing the small estate affidavit prepared 
35
pursuant to
subsection (b) of this Section shall indemnify and 
36
hold harmless all creditors
and heirs of the decedent and other 
 


 









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persons relying upon the affidavit who
incur loss because of 
2
such reliance.  That indemnification shall only be
up to the 
3
amount lost because of the act or omission of the affiant.  Any

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

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    (f) The affiant of a small estate affidavit who is a 
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non-resident of
Illinois submits himself or herself to the 
8
jurisdiction of Illinois courts
for all matters related to the 
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preparation or use of the affidavit.  The
affidavit shall 
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provide the name, address, and phone number of a person
whom 
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the affiant names as his agent for service of process.  If no 
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such
person is named or if, for any reason, service on the 
13
named person cannot
be effectuated, the clerk of the circuit 
14
court of the county or judicial
circuit of which the decedent 
15
was a resident at the time of his death shall
be the agent for 
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service of process.

17
(Source: P.A. 87-287.)



 
18
    Section 99. Effective date. This Act takes effect upon 
19
becoming law.