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

What Is Form RT OPR31.16?

This is a legal form that was released by the Illinois Secretary of State - a government authority operating within Illinois. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2015;
  • The latest edition provided by the Illinois Secretary of State;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form RT OPR31.16 by clicking the link below or browse more documents and templates provided by the Illinois Secretary of State.

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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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