Full Text of HB3693 96th General Assembly
HB3693ham001 96TH GENERAL ASSEMBLY
|
Rep. Patricia R. Bellock
Filed: 3/11/2010
|
|
09600HB3693ham001 |
|
LRB096 08521 AJO 38137 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3693
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3693 by replacing | 3 |
| everything after the enacting clause with the following:
| 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) | 7 |
| Sec. 25-1. Payment or delivery of small estate of decedent | 8 |
| upon
affidavit. | 9 |
| (a) When any person or corporation (1) indebted to or | 10 |
| holding
personal estate of a decedent, (2) controlling the | 11 |
| 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
|
|
|
|
09600HB3693ham001 |
- 2 - |
LRB096 08521 AJO 38137 a |
|
| 1 |
| estate or transfer or issue the evidence of interest, | 2 |
| indebtedness,
property or right to persons and in the manner | 3 |
| specified in paragraph 11 of
the affidavit or to an agent | 4 |
| appointed as hereinafter set forth. | 5 |
| (b) Small Estate Affidavit | 6 |
| I, (name of affiant) , on oath state: | 7 |
| 1. (a) My post office address is: ; | 8 |
| (b) My residence address is: ; and | 9 |
| (c) I understand that, if I am an out-of-state | 10 |
| resident, I submit myself
to the jurisdiction of Illinois | 11 |
| courts for all matters related to the preparation
and use of | 12 |
| this affidavit. My agent for service of process in Illinois is: | 13 |
| NAME..........................
| 14 |
| ADDRESS.......................
| 15 |
| CITY..........................
| 16 |
| TELEPHONE (IF ANY)............
| 17 |
| I understand that if no person is named above as my agent for | 18 |
| service or,
if for any reason, service on the named person | 19 |
| cannot be effectuated, the
clerk of the circuit court of | 20 |
| ......(County) (Judicial Circuit) Illinois
is recognized by | 21 |
| Illinois law as my agent for service of process. | 22 |
| 2. The decedent's name is ; | 23 |
| 3. The date of the decedent's death was , and I | 24 |
| have
attached a copy of the death certificate hereto. | 25 |
| 4. The decedent's place of residence immediately before his
| 26 |
| death was ; |
|
|
|
09600HB3693ham001 |
- 3 - |
LRB096 08521 AJO 38137 a |
|
| 1 |
| 5. No letters of office are now outstanding on the | 2 |
| decedent's estate and
no petition for letters is contemplated | 3 |
| or pending in Illinois or in any
other jurisdiction, to my | 4 |
| knowledge; | 5 |
| 6. The gross value of the decedent's entire personal | 6 |
| estate, including
the value of all property passing to any | 7 |
| party either by intestacy or
under a will, does not exceed | 8 |
| $100,000. (Here, list each asset, e.g., cash,
stock, and its | 9 |
| fair market value.); | |
10 | | 7. (a) All of the decedent's funeral expenses have been | 11 | | paid,
or (b) The amount of the decedent's unpaid funeral | 12 | | expenses and the name
and post office address of each person | 13 | | entitled thereto are as follows: |
|
14 | | Name and post office address | | Amount |
|
15 | | (Strike either 7(a) or 7(b)). |
|
16 | | 8. There is no known unpaid claimant or contested claim | 17 | | against the
decedent, except as stated in paragraph 7. |
|
18 | | 9. (a) The names and places of residence of any surviving | 19 | | spouse, minor
children and adult dependent* children of the | 20 | | decedent are as follows: |
|
21 | | Name and | Place of | Age of |
|
22 | | Relationship | Residence | minor child |
|
|
23 | |
| 24 | | *(Note: An adult dependent child is one who is unable to | 25 | | maintain himself
and is likely to become a public charge.) |
|
|
|
|
|
09600HB3693ham001 |
- 4 - |
LRB096 08521 AJO 38137 a |
|
| 1 | | (b) The award allowable to the surviving spouse of a | 2 | | decedent who was
an Illinois resident is $..........
($10,000, | 3 | | plus $5,000 multiplied by the number of minor children and | 4 | | adult
dependent children who resided with the surviving spouse | 5 | | at the time of the
decedent's death. If any such child did not | 6 | | reside with the surviving
spouse at the time of the decedent's | 7 | | death, so indicate). |
|
8 | | (c) If there is no surviving spouse, the award allowable to | 9 | | the minor
children and adult dependent children of a decedent | 10 | | who was an Illinois
resident is $.......... ($10,000, plus | 11 | | $5,000
multiplied by the number of minor children and adult | 12 | | dependent children),
to be divided among them in equal shares. |
|
13 | | 10. (a) The decedent left no will. The names, places of | 14 | | residence and
relationships of the decedent's heirs, and the | 15 | | portion of the estate to
which each heir is entitled under the | 16 | | law where decedent died intestate
are as follows: |
|
17 | | Name, relationship | Age of | Portion of |
|
18 | | and place of residence | minor | Estate |
|
19 | | | OR | |
|
|
20 | | |
|
|
|
|
09600HB3693ham001 |
- 5 - |
LRB096 08521 AJO 38137 a |
|
| 1 | | (b) The decedent left a will, which has been filed with the | 2 | | clerk of
an appropriate court. A certified copy of the will on | 3 | | file is attached.
To the best of my knowledge and belief the | 4 | | will on file is the decedent's
last will and was signed by the | 5 | | decedent and the attesting witnesses as
required by law and | 6 | | would be admittable to probate. The names and places
of | 7 | | residence of the legatees and the portion of the estate, if | 8 | | any, to
which each legatee is entitled are as follows: |
|
9 | | Name, relationship | Age of | Portion of |
|
10 | | and place of residence | minor | Estate |
|
|
11 | | | 12 | | (Strike either 10(a) or 10(b)). |
|
13 | | (c) Affiant is unaware of any dispute or potential conflict | 14 | | as to the
heirship or will of the decedent. |
|
15 | | 10.1. I, ........... (the Affiant) state that my | 16 | | relationship to the decedent is ................. and (check | 17 | | all that apply): |
|
18 | | ... There is no surviving spouse; or |
|
|
|
|
|
09600HB3693ham001 |
- 6 - |
LRB096 08521 AJO 38137 a |
|
| 1 | | ... There is a surviving spouse, but the surviving spouse is | 2 | | unable to prepare the small estate affidavit or has declined, | 3 | | refused, or asked me to prepare the small estate affidavit. The | 4 | | reason that the
Affiant has prepared this small estate | 5 | | affidavit rather than the surviving spouse is that
(state here | 6 | | the precise time, date, and circumstances of the surviving | 7 | | spouse declining,
refusing, or asking me to prepare the small | 8 | | estate affidavit; or state why the surviving
spouse is unable | 9 | | to prepare the small estate affidavit): | 10 | | ................................................. |
|
11 | | 11. The property described in paragraph 6 of this affidavit | 12 | | should be
distributed as follows: |
| 13 |
| Name Specific sum or property to be distributed | 14 |
| The foregoing statement is made under the penalties of | 15 |
| perjury*. | 16 |
| .........................
| 17 |
| Signature of Affiant
| 18 |
| *(Note: A fraudulent statement made under the penalties of | 19 |
| perjury is
perjury, as defined in Section 32-2 of the Criminal | 20 |
| Code of 1961.) | 21 |
| (c) Appointment of Agent. If safe deposit access is | 22 |
| involved or if sale
of any personal property is desirable to | 23 |
| facilitate distribution pursuant
to the small estate | 24 |
| affidavit, all persons named in paragraph 11 of the
small | 25 |
| estate affidavit (excluding minors and unascertained or |
|
|
|
09600HB3693ham001 |
- 7 - |
LRB096 08521 AJO 38137 a |
|
| 1 |
| disabled
persons) may in writing appoint one or more persons as | 2 |
| their agent for that
purpose. The agent shall have power, | 3 |
| without court approval, to gain access
to, sell, and distribute | 4 |
| the property for the benefit of all persons named
in paragraph | 5 |
| 11 of the affidavit; and the payment, delivery, transfer,
| 6 |
| access or issuance shall be made or granted to or on the order | 7 |
| of the agent. | 8 |
| (d) Release. Upon payment, delivery, transfer, access or | 9 |
| issuance
pursuant to a properly executed affidavit, the person | 10 |
| or corporation is
released to the same extent as if the | 11 |
| payment, delivery, transfer, access
or issuance had been made | 12 |
| or granted to the representative of the estate.
Such person or | 13 |
| corporation is not required to see to the application or
| 14 |
| disposition of the property; but each person to whom a payment, | 15 |
| delivery,
transfer, access or issuance is made or given is | 16 |
| answerable therefor to any
person having a prior right and is | 17 |
| accountable to any representative of the
estate. | 18 |
| (e) The affiant signing the small estate affidavit prepared | 19 |
| pursuant to
subsection (b) of this Section shall indemnify and | 20 |
| hold harmless all creditors
and heirs of the decedent and other | 21 |
| persons relying upon the affidavit who
incur loss because of | 22 |
| such reliance. That indemnification shall only be
up to the | 23 |
| amount lost because of the act or omission of the affiant. Any
| 24 |
| person recovering under this subsection (e) shall be entitled | 25 |
| to reasonable
attorney's fees and the expenses of recovery. | 26 |
| (f) The affiant of a small estate affidavit who is a |
|
|
|
09600HB3693ham001 |
- 8 - |
LRB096 08521 AJO 38137 a |
|
| 1 |
| non-resident of
Illinois submits himself or herself to the | 2 |
| jurisdiction of Illinois courts
for all matters related to the | 3 |
| preparation or use of the affidavit. The
affidavit shall | 4 |
| provide the name, address, and phone number of a person
whom | 5 |
| the affiant names as his agent for service of process. If no | 6 |
| such
person is named or if, for any reason, service on the | 7 |
| named person cannot
be effectuated, the clerk of the circuit | 8 |
| court of the county or judicial
circuit of which the decedent | 9 |
| was a resident at the time of his death shall
be the agent for | 10 |
| service of process. | 11 |
| (g) Any action properly taken under this Section, as | 12 |
| amended by Public Act 93-877, on or after August 6, 2004 (the | 13 |
| effective date of Public Act 93-877) is valid regardless of the | 14 |
| date of death of the decedent.
| 15 |
| (Source: P.A. 93-877, eff. 8-6-04; 94-57, eff. 6-17-05.)".
|
|