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How do you file an Illinois small estate affidavit?

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Quick Answer

You file a small estate affidavit in Illinois by filing in the information regarding the deceased person, and indicating whether or not funeral expenses have been paid, explains Nolo. The affidavit also asks if the deceased had a will, and the affidavit must be signed under the penalty of perjury.

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Full Answer

When you compile the affidavit, you must list all of the decedent's personal property, such as jewelry, art, motor vehicles, bank accounts, mutual funds and real estate, says Legal Zoom. You need to provide a certified copy of the death certificate as well as a certified copy of the will. If the decedent died without a will, the affidavit must list the names and addresses of all known heirs and the portion of the estate they are entitled to under Illinois law.

Only the named executor of the estate may file the small affidavit, if there is a will, or the court assigns a personal representative if there is no will, explains Legal Zoom. The affidavit must be filed within 30 days of the date of the decedent's death. When probating a small estate, all outstanding debts must be paid, with the exception of funeral expenses. Small estate affidavits cannot be used when the will is disputed by beneficiaries.

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