Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
1. Determine Eligibility for a Small Estate Affidavit
Under Illinois law, you can use a small estate affidavit if the decedent’s personal property (excluding real estate) does not exceed $100,000 in value and no probate administration is pending. (See 755 ILCS 5/24-1.)755 ILCS 5/24-1.
2. Identify Heirs and Assets
List all known heirs under Illinois’s intestate succession rules. Typically, that includes a surviving spouse, children, or next of kin. Then compile a detailed inventory of personal property—bank accounts, vehicles, household goods—up to the $100,000 threshold.
3. Wait the Required Period
Before filing, ensure no one else has filed for probate. Illinois requires a waiting period of 42 days after the decedent’s death to confirm no probate administration has begun.
4. Prepare the Affidavit
Under 755 ILCS 5/24-2, the affidavit must include:
- The decedent’s name, date of death, and county of residence
- A statement that no probate administration is pending
- An itemized list of property and its approximate value
- The names, addresses, and relationships of all heirs
- The affiant’s oath swearing to the truth of the statements
Link to sample form: Illinois Supreme Court Form IL-1685.
5. File or Serve the Affidavit
For personal property held by banks or other custodians, deliver the original affidavit and death certificate to each custodian. The custodian must release assets within 21 days unless it has a good-faith reason to refuse. (See 755 ILCS 5/24-9.)
6. Distribute Assets to Heirs
Once you collect the assets, distribute them according to Illinois intestacy laws. If the decedent left a spouse and children, the spouse typically receives half and the children share the remainder equally under 755 ILCS 5/2-1.755 ILCS 5/2-1. Ensure each heir signs a receipt acknowledging distribution.
Helpful Hints
- Verify asset values with recent bank statements or appraisals.
- Confirm no pending probate by checking local court records.
- Provide each heir with a copy of the affidavit and distribution receipts.
- Keep a complete file: death certificate, affidavits, receipts, and correspondence.
- When in doubt, consult a local attorney to review your documents.