Public Act 094-0057
Public Act 0057 94TH GENERAL ASSEMBLY
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Public Act 094-0057
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| SB0460 Enrolled |
LRB094 04968 WGH 34998 b |
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| AN ACT concerning estates.
| 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 | Section 25-1 as follows:
| (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)............
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| 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.);
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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: |
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Name and post office address | | Amount |
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(Strike either 7(a) or 7(b)). |
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8. There is no known unpaid claimant or contested claim | against the
decedent, except as stated in paragraph 7. |
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9. (a) The names and places of residence of any surviving | spouse, minor
children and adult dependent* children of the | decedent are as follows: |
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Name and |
Place of |
Age of |
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Relationship |
Residence |
minor child |
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| *(Note: An adult dependent child is one who is unable to | maintain himself
and is likely to become a public charge.) |
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| (b) The award allowable to the surviving spouse of a | decedent who was
an Illinois resident is $..........
($10,000, | plus $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). |
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(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 $.......... ($10,000, plus | $5,000
multiplied by the number of minor children and adult | dependent children),
to be divided among them in equal shares. |
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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: |
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Name, relationship |
Age of |
Portion of |
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and place of residence |
minor |
Estate |
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OR |
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| (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: |
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Name, relationship |
Age of |
Portion of |
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and place of residence |
minor |
Estate |
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| (Strike either 10(a) or 10(b)). |
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(c) Affiant is unaware of any dispute or potential conflict | as to the
heirship or will of the decedent. |
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11. The property described in paragraph 6 of this affidavit | should be
distributed as follows: |
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| 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.
| (Source: P.A. 93-877, eff. 8-6-04.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 6/17/2005
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