Bill Status of SB 2985   98th General Assembly

Short Description:  PROBATE-SMALL ESTATE AFFIDAVIT

Senate Sponsors
Sen. Tim Bivins

House Sponsors
(Rep. Tom Demmer and Anthony DeLuca)


Last Action  View All Actions

DateChamber Action
  8/1/2014SenatePublic Act . . . . . . . . . 98-0836

Statutes Amended In Order of Appearance
755 ILCS 5/25-1from Ch. 110 1/2, par. 25-1
755 ILCS 15/1from Ch. 17, par. 1501

Synopsis As Introduced
Amends the Probate Act of 1975. Requires a person executing a small estate affidavit to list and classify the debts of the decedent. Provides that all valid claims against the decedent's estate must be paid before any distribution is made to any heir or legatee. Provides that the decedent's estate should pay all claims in the order set forth in the listed classifications, and if the decedent's estate is insufficient to pay the claims in any one class, the claims in that class shall be paid pro rata. Requires the affiant to describe his or her relationship to the decedent or decedent's estate. Requires the affiant to agree to indemnify and hold harmless persons and entities who incur any loss because of reliance on the affidavit, up to the amount lost because of any act or omission by the affiant. Requires the affiant to state that any person, corporation, or financial institution recovering under the new provisions shall be entitled to reasonable attorney's fees and the expenses of recovery. Provides that the small estate affidavit shall be notarized. Provides that parties that act in good faith reliance on a copy of a document purporting to be a small estate affidavit shall be fully protected and released upon fulfillment of requirements under such a document to the same extent as if the party had been complying with requests of the representative of the estate. Provides that distributions pursuant to an affidavit may be made to the affiant notwithstanding the disclosure of known unpaid debts. Provides that the affiant (instead of other specified persons) may in writing appoint one or more persons, or himself or herself, to access the safe deposit box of a decedent. Adds applicability language. Makes corresponding changes. Amends the Safety Deposit Box Opening Act. Provides that the lessor of a safety deposit box shall not open the box in accordance with the Act if the lessor has received a copy of a small estate affidavit. Provides that the lessor shall authorize a representative of a decedent's estate or a person designated in a small estate affidavit, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents.

Actions 
DateChamber Action
  2/4/2014SenateFiled with Secretary by Sen. Tim Bivins
  2/4/2014SenateFirst Reading
  2/4/2014SenateReferred to Assignments
  2/19/2014SenateAssigned to Judiciary
  2/26/2014SenateDo Pass Judiciary; 010-000-000
  2/26/2014SenatePlaced on Calendar Order of 2nd Reading February 27, 2014
  3/4/2014SenateSecond Reading
  3/4/2014SenatePlaced on Calendar Order of 3rd Reading March 5, 2014
  4/2/2014SenateThird Reading - Passed; 057-000-000
  4/3/2014HouseArrived in House
  4/3/2014HouseChief House Sponsor Rep. Tom Demmer
  4/3/2014HouseFirst Reading
  4/3/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Judiciary
  4/30/2014HouseDo Pass / Short Debate Judiciary; 015-000-000
  4/30/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/7/2014HouseSecond Reading - Short Debate
  5/7/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/7/2014HouseAdded Alternate Co-Sponsor Rep. Anthony DeLuca
  5/9/2014HouseThird Reading - Short Debate - Passed 102-000-000
  5/9/2014SenatePassed Both Houses
  6/6/2014SenateSent to the Governor
  8/1/2014SenateGovernor Approved
  8/1/2014SenateEffective Date January 1, 2015
  8/1/2014SenatePublic Act . . . . . . . . . 98-0836

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