Form RT OPR31.16 Small Estate Affidavit Form - Illinois
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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.
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:
- 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.
- 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.
- Book an appointment with a notary public who will put a notary seal under your signature.
- 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:
- Indicate the name of the county the deceased individual last resided in and your own name and mailing address.
- 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.
- 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.
- If you are obliged to compensate third parties for the funeral, the amount of payment must be reflected in writing.
- 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.
- Describe the estate in question and enter its total value. You have to list vehicles separately.
- Confirm you have either paid all the known debts of the deceased individual or you have classified them in writing.
- Sign and date the document. Consider making another copy in case the first one is submitted without return.
Download Form RT OPR31.16 Small Estate Affidavit Form - Illinois