Form RT OPR31.16 "Small Estate Affidavit Form" - Illinois

What Is a Small Estate Affidavit in Illinois?

An Illinois Small Estate Affidavit refers to a formal document that gives legal heirs of the deceased individual the right to distribute the latter's assets without having to appear in court. If the estate is small enough and all the people that should inherit the assets are known, it is possible to get access to the possessions without delay. An Illinois Small Estate Affidavit Form will also allow the affiant and other people making claims regarding the estate to deal with the outstanding debts the estate owner was unable to handle before passing.

You may download a fillable Illinois Small Estate Affidavit via the link below.

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How to File a Small Estate Affidavit in Illinois?

To make sure a Small Estate Affidavit in Illinois is drafted and processed quickly, you need to take the following steps:

  1. Comply with existing state regulations: the value of the estate cannot exceed $100.000 and the document has to be formalized by a notary public. There is no need to wait for weeks or months before creating this document - fill out and submit the form to any organization whenever it is convenient to you.
  2. Gather necessary documentation and information. There should be certificates of title, financial statements, personal statements of heirs, and a death certificate that verify the details you put in the affidavit. Besides, it may take time to find all the heirs and reach out to them to notify them about the upcoming estate settlement.
  3. Book an appointment with a notary public who will put a notary seal under your signature.
  4. Since the laws of the state do not demand you to file the papers with a court, once the papers are signed, you can simply present this form to any individual or entity that holds the estate and the other party must give away the possessions in line with the provisions of the affidavit. If you encounter any difficulties, you may prepare a civil lawsuit.

How to Fill Out a Small Estate Affidavit in Illinois?

Follow these Illinois Small Estate Affidavit instructions to complete the form correctly and settle the estate:

  1. Indicate the name of the county the deceased individual last resided in and your own name and mailing address.
  2. In case you do not live in Illinois permanently, you may appoint a legal representative who will submit the document on your behalf as long as the affidavit states their full name and contact details. Alternatively, you may assign this duty to a county clerk by specifying the judicial circuit.
  3. Write down the name of the deceased person and their date of death. A legal address of the estate owner should also be included in the form.
  4. If you are obliged to compensate third parties for the funeral, the amount of payment must be reflected in writing.
  5. List the names, ages, and addresses of all the legal heirs of the deceased individual. Record the assets that must be distributed among certain people like a spouse or dependents. If the person left a will, their wishes should be indicated in the affidavit.
  6. Describe the estate in question and enter its total value. You have to list vehicles separately.
  7. Confirm you have either paid all the known debts of the deceased individual or you have classified them in writing.
  8. Sign and date the document. Consider making another copy in case the first one is submitted without return.
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Download Form RT OPR31.16 "Small Estate Affidavit Form" - Illinois

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AN AFFIDAVIT TO JESSE WHITE, THE SECRETARY OF THE STATE OF ILLINOIS, PURSUANT TO 755 ILCS 5/ART. XXV OF
THE PROBATE ACT, ILLINOIS COMPILED STATUTES, AS AMENDED BY PUBLIC ACT 9 8 - 0 836 (EFF. 1-1-15).
STATE OF ILLINOIS
COUNTY OF ________________________
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:
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/her 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 in value and consists of the following (list each asset and its fair market value):
Including vehicle(s) described below:
Make of Vehicle
Body Type
Year Model
Vehicle Identification Number
Make of Vehicle
Body Type
Year Model
Vehicle Identification Number
Last licensed in the State of Illinois in (Year) __________ License Plate Number(s)_______________________________________________
7.
Mark (X) either (a) or (b): (a)
All the decedent's funeral expenses and other debts have been paid, or (b)
All the decedent's known
unpaid debts are listed and classified 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:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 2: Surviving spouse’s award or child’s award, if applicable:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 3: Debts due the United States:
Name
Post Office Address________________________________________________________Amount $_______________________________
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AN AFFIDAVIT TO JESSE WHITE, THE SECRETARY OF THE STATE OF ILLINOIS, PURSUANT TO 755 ILCS 5/ART. XXV OF
THE PROBATE ACT, ILLINOIS COMPILED STATUTES, AS AMENDED BY PUBLIC ACT 9 8 - 0 836 (EFF. 1-1-15).
STATE OF ILLINOIS
COUNTY OF ________________________
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:
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/her 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 in value and consists of the following (list each asset and its fair market value):
Including vehicle(s) described below:
Make of Vehicle
Body Type
Year Model
Vehicle Identification Number
Make of Vehicle
Body Type
Year Model
Vehicle Identification Number
Last licensed in the State of Illinois in (Year) __________ License Plate Number(s)_______________________________________________
7.
Mark (X) either (a) or (b): (a)
All the decedent's funeral expenses and other debts have been paid, or (b)
All the decedent's known
unpaid debts are listed and classified 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:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 2: Surviving spouse’s award or child’s award, if applicable:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 3: Debts due the United States:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 4: Money due employees of the decedent of not more than $800 for each claimant for services rendered within four (4) months prior
to the decedent’s death and expenses attending the last illness:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 5: Money and property received or held in trust by the decedent that cannot be identified or traced:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 6: Debts due the State of Illinois and any county, township, city, town, village, or school district located within Illinois:
Name
Post Office Address________________________________________________________Amount $_______________________________
Class 7: All other claims:
Name
Post Office Address________________________________________________________Amount $_______________________________
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 and Relationship
Place of Residence
Age of Minor Child
a
*(Note: An adult dependent child is one who is unable to maintain himself and is likely to become
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 in 9(a)}.
(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.
Mark (X) either 10(a) or 10(b):
(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, Relationship and Place of Residence
Age of Minor
Portion of Estate
(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, Relationship and Place of Residence
Age of Minor
Portion of Estate
(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:_____________________________________________________________.
10.5 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 property described in
paragraph 6 of this affidavit should be transferred to (NAME)_________________________________________________________________
(ADDRESS)________________________________________________________________________________________________________;
this affidavit is made to induce Jesse White, Secretary of State of Illinois, to issue a Certificate of Title to the vehicle to the assignee.
The foregoing statement is made under the penalties of perjury. (Note: A fraudulent statement made under the penalties of
perjury is perjury, as defined In Section 32-2 of the Criminal Code of 2012.)
____________________________________________________________________
Signature of Affiant
Date
Subscribed and sworn to before me this _________________________ day of ____________________________, ___________.
_____________________________________________________________________
Notary Public
(SEAL)
Printed by authority of the State of Illinois. January 2015 – 1 – RT OPR 31.16
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