Public Act 098-0836
 
SB2985 EnrolledLRB098 19713 HEP 54924 b


  
    AN ACT concerning civil law.
  
 
    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, or financial 
institution (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, or 
financial institution 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)............


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.);

    7. (a) All of the decedent's funeral expenses and other 
debts have been paid,
or
    (b) All The amount of the decedent's known unpaid debts are 
listed and classified as follows (include the name, post office 
address, and amount) funeral expenses and the name
and post 
office address of each person entitled thereto are as follows:
    Class 1: funeral and burial expenses, which include 
    reasonable amounts paid for a burial space, crypt, or 
    niche; a marker on the burial space; and care of the burial 
    space, crypt, or niche; expenses of administration; and 
    statutory custodial claims as follows:
    .............................................................
    Class 2:  the surviving spouse's award or child's award, if 
    applicable, as follows:
    .............................................................
    Class 3:  debts due the United States, as follows:
    .............................................................
    Class 4:  money due employees of the decedent of not more 
    than $800 for each claimant for services rendered within 4 
    months prior to the decedent's death and expenses attending 
    the last illness, as follows:
    .............................................................
    Class 5:  money and property received or held in trust by 


 
    the decedent which cannot be identified or traced, as 
    follows:
    .............................................................
    Class 6:  debts due the State of Illinois and any county, 
    township, city, town, village, or school district located 
    within Illinois, as follows:
    .............................................................
    Class 7:  all other claims, as follows:
    .............................................................
(Strike either 7(a) or 7(b)).
































Name and post office addressAmount
(Strike either 7(a) or 7(b)).
    7.5. I understand that all valid claims against the 
decedent's estate described in paragraph 7 must be paid by me 
from the decedent's estate before any distribution is made to 
any heir or legatee.  I further understand that the decedent's 
estate should pay all claims in the order set forth above, 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.
    8. There is no known unpaid claimant or contested claim 
against the
decedent, except as stated in paragraph 7.
    9. (a) The names and places of residence of any surviving 
spouse, minor
children and adult dependent* children of the 
decedent are as follows:




































Name andPlace ofAge of
RelationshipResidenceminor child
*(Note: An adult dependent child is one who is unable to 
maintain himself
and is likely to become a public charge.)
    (b) The award allowable to the surviving spouse of a 
decedent who was
an Illinois resident is $..........
($20,000, 
plus $10,000 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).
    (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 $.......... ($20,000, plus 
$10,000
multiplied by the number of minor children and adult 
dependent children),
to be divided among them in equal shares.
    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:








































Name, relationshipAge ofPortion of
and place of residenceminorEstate
OR
    (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:




































Name, relationshipAge ofPortion of
and place of residenceminorEstate
    (Strike either 10(a) or 10(b)).
    (c) Affiant is unaware of any dispute or potential conflict 
as to the
heirship or will of the decedent.
    10.3. My relationship to the decedent or the decedent's 
estate is as follows:........................................
    10.5. (The following paragraph should appear in bold type 
and in not less than 14-point font):
        I understand that the decedent's estate must be 
    distributed first to satisfy claims against the decedent's 
    estate as set forth in paragraph 7.5 of this affidavit 
    before any distribution is made to any heir or legatee.  By 
    signing this affidavit, I agree to indemnify and hold 
    harmless all creditors of the decedent's estate, the 
    decedent's heirs and legatees, and other persons, 
    corporations, or financial institutions relying upon this 
    affidavit who incur any loss because of reliance on this 
    affidavit, up to the amount lost because of any act or 
    omission by me.  I further understand that any person, 
    corporation, or financial institution recovering under 
    this indemnification provision shall be entitled to 
    reasonable attorney's fees and the expenses of recovery.
    11. After payment by me from the decedent's estate of  all 
debts and expenses listed in paragraph 7, any remaining The 
property described in paragraph 6 of this affidavit should be

distributed as follows:
 
    Name        Specific sum or property to be distributed
 
 
The foregoing statement is made under the penalties of 
perjury*.

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


Signature of Affiant
     

Signed and sworn before me on (insert date).
 
.........................
Notary Public
 
*(Note: A fraudulent statement made under the penalties of 
perjury is
perjury, as defined in Section 32-2 of the Criminal 
Code of 2012.)

    (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, the affiant under 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 the affiant's their 
agent for that
purpose. The agent shall have power, without 
court approval, to gain access
to, sell, and distribute the 
property in the manner specified in paragraphs 7.5 and 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. The affiant 
may appoint himself or herself as the designated representative 
to exercise the powers and perform the duties of an agent 
described in this subsection (c). 

    (d) Reliance and Release. Any person, corporation, or 
financial institution who acts in good faith reliance on a copy 
of a document purporting to be a small estate affidavit that is 
substantially in compliance with subsection (b) of this Section 
shall be fully protected and released upon  Upon  payment, 
delivery, transfer, access or issuance
pursuant to such a 
document 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, or financial institution 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) Distributions pursuant to an affidavit substantially 
in the form set forth in subsection (b) of this Section may be 
made to the affiant, if so specified in paragraph 11, 
notwithstanding the disclosure of known unpaid debts. The 
affiant, acting on behalf of the decedent's estate, is 
obligated to pay all valid claims against the decedent's estate 
before any distribution is made to any heir or legatee. The 
affiant signing the small estate affidavit prepared pursuant to

subsection (b) of this Section shall indemnify and hold 
harmless all creditors,
and heirs, and legatees of the decedent 
and other persons, corporations, or financial institutions 
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, 
corporation, or financial institution 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.

    (h)  The changes made by this amendatory Act of the 96th 
General Assembly apply to a decedent whose date of death is on 
or after the effective date of this amendatory Act of the 96th


General Assembly. 
    (i) The changes made by this amendatory Act of the 98th 
General Assembly apply to a decedent whose date of death is on 
or after the effective date of this amendatory Act of the 98th


General Assembly.
(Source: P.A. 96-968, eff. 7-2-10; 97-1150, eff. 1-25-13.)



 
    Section 10. The Safety Deposit Box Opening Act is amended 
by changing Section 1 as follows:
 



    (755 ILCS 15/1)  (from Ch. 17, par. 1501)



    Sec. 1. 
Upon being furnished with satisfactory proof of 
death of a
sole lessee or the last surviving co-lessee of a 
safe deposit box, the lessor
shall open the box and examine the 
contents in the presence of a person
who presents himself and 
furnishes an affidavit which states that (a) he
is interested 
in the filing of the lessee's will or in the arrangements
for 
his burial, (b) he believes the box may contain the will or 
burial documents
of the lessee and (c) he is an interested 
person within the meaning of this
Act.  The lessor shall not 
open the box in accordance with this Act if the
lessor has 
received a copy of letters of office of the representative of

the deceased lessee's estate, or other applicable court order, 
or a small estate affidavit in accordance with Article XXV of 
the Probate Act of 1975.  The lessor
need not open the box if 
(a) the box has previously been opened in accordance
with this 
Act, (b) the lessor has received notice of a written or oral 
objection
from any person or has reason to believe that there 
would be an objection,
or (c) the lessee's key or combination 
is not available. The lessor shall authorize a representative 
of a decedent's estate or a person designated in a small estate 
affidavit pursuant to Article XXV of the Probate Act of 1975, 
upon presentation of letters of office, other applicable court 
order, or small estate affidavit, to open the box and examine 
and remove the contents.

    For purposes of this Act, the term "interested person" 
means any person
who immediately prior to the death of the 
lessee had the right of access
to the box as a deputy, any 
person named as executor in a copy furnished
by him of a 
purported will of the lessee, or the spouse, an adult 
descendant,
parent, brother or sister of the lessee.  If the 
affidavit states that none
of the persons described above is 
available to be present at the opening
of the box, the term 
"interested person" also means any other person who
the lessor 
in its sole discretion determines may have a legitimate 
interest
in the filing of the lessee's will or in the 
arrangements for his burial.

    The lessor shall remove any document which appears to be a 
will or codicil
and deliver it to the clerk of the circuit 
court for the county in which
the lessee resided immediately 
prior to his or her death, if known to the
lessor, otherwise to 
the clerk of the
circuit court for the county in which the safe 
deposit box is located.
Delivery of a will or codicil called 
for herein may be made by registered
mail sent to the clerk of 
the said court.
The lessor may remove any burial documents and 
deliver them to the interested
person.  No other contents may be 
removed pursuant to this Act.

    The lessor is not required to look into the truth of any 
statement in the
affidavit required to be furnished under 
section one of this Act.  The lessor's
determination of the fact 
situations to be met under this act shall be conclusive
and 
final.  The lessor shall be fully protected in relying 
conclusively on it.

(Source: P.A. 83-642.)


Effective Date:  1/1/2015