Detailed Answer
Under Illinois law, you can use a Small Estate Affidavit to collect personal property from a decedent’s estate without full probate when the total value of personal assets does not exceed $100,000, excluding liens. The process is governed by 755 ILCS 5/24.1 (Disposition of Personal Property Without Administration).
1. Certified Death Certificate
- Obtain an official, certified copy of the decedent’s death certificate from the county health department or vital records office.
2. Affidavit Form
- Complete the Small Estate Affidavit form. Include the decedent’s full name, date of death, county where they lived, and your relationship to them.
- Sign the form before a notary public.
3. List of Assets and Values
- Provide a detailed schedule of personal property (e.g., bank accounts, brokerage, vehicles, life insurance paid-on-death, household goods).
- Attach current account statements, vehicle titles, insurance policies, or appraisals to verify values.
4. Proof of Entitlement
- If the decedent left a will, attach a copy. If not, attach an affidavit of heirship or any documentation showing you are an heir or beneficiary.
5. Creditor Notice (Optional)
- While not always required, you may notify known creditors in writing and allow 30 days to respond. This can reduce future disputes.
How to File
- Gather all documents and attach supporting exhibits.
- Visit the county clerk or circuit court clerk’s office in the county where the decedent resided.
- File the affidavit and pay any small filing fee (varies by county).
- Once approved, use the court-stamped affidavit to collect assets (e.g., present to banks, DMV for vehicle transfer).
Disclaimer
This article provides general legal information under Illinois law. It does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney.
Helpful Hints
- Request multiple certified death certificates (financial institutions often require originals).
- Verify asset values within 30 days of filing to ensure accuracy.
- Check local court fees—costs vary by county.
- Keep copies of everything you submit for your records.
- Consider consulting an attorney if the estate’s value approaches $100,000 or if disputes arise.