Synopsis As Introduced Amends the Probate Act of 1975. Provides that the terms of a guardianship account established on behalf of a minor at a financial institution must provide for compliance with court orders regarding the establishment and management of the account, and imposes certain other duties upon financial institutions. Provides that an entity may not act under the direction of a small estate affidavit unless the affiant, or his or her agent, has first presented the affidavit before a judge and obtained a court order granting access. Provides that if there is a surviving spouse, but the surviving spouse is not the affiant, the affiant must state the reason that the affiant, rather than the surviving spouse, has prepared the small estate affidavit. Provides that an affidavit not prepared by a surviving spouse must include a notarized statement, signed by the surviving spouse and witnessed by 2 persons unrelated to the affiant, stating that the surviving spouse declines to prepare the affidavit. Provides that if the reason for the surviving spouse's inability to prepare the affidavit is medically related, a letter from the surviving spouse's physician should be attached attesting to the medical condition that makes the surviving spouse unable to complete the affidavit. Provides that if there is no surviving spouse and there is one or more minor child, the affiant must be a court-appointed guardian for one or more of the children. Provides that if the surviving spouse is the affiant, he or she shall affirm that he or she was not separated from the decedent. Makes other changes.
House Committee Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: (1) provides that the creation of and any withdrawals from a guardianship account established on behalf of a minor, disabled adult, or elderly person (instead of "a minor") requires the signatures of 2 adult persons; (2) provides that a withdrawal of more than $5,000 from a guardianship account established on behalf of a minor requires a court order; (3) provides that the affiant of a small estate affidavit shall submit to the court proof of payment of all valid claims against the decedent's estate; (4) expands provisions requiring the affiant be a court-appointed guardian for the children to situations where there is a disabled adult or elderly person; (5) provides that if an affiant makes distributions in violation of the Section concerning the small estate affidavit, an heir or legatee may file with the court an affidavit, under penalty of perjury, alleging the facts which constitute making improper distributions from the estate; and (6) provides that if the court determines that improper distributions have been made from the estate, the court shall enter an order directing all persons or entities which received a distribution under the affidavit to submit any property received to the clerk of the circuit court within 30 days and then commence proceedings to determine the proper distribution of the estate.