103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3212
 
Introduced 2/6/2024, by Sen. Javier L. Cervantes
 
SYNOPSIS AS INTRODUCED:
 
755 ILCS 5/Art. XXVA heading new
755 ILCS 5/25a-1 new
    Amends the Probate Act of 1975. Creates a Small Estate Affidavit to transfer real property if the fair market value does not exceed $350,000. Requires notice to interested persons as defined by the Act and any personal representatives of the decedent. Exempts property was owned by the decedent in joint tenancy, tenancy by the entirety, in which the decedent had a life other interest terminable upon the decedent's death, or was governed by a transfer on death instrument as authorized by Illinois law.


LRB103 36597 JRC 66706 b

 
 
A BILL FOR
 
SB3212LRB103 36597 JRC 66706 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by adding 
5Article XXVA as follows:
 
6    (755 ILCS 5/Art. XXVA heading new)
7
ARTICLE XXVA  
8
REAL PROPERTY OF SMALL VALUE

 
9    (755 ILCS 5/25a-1 new)
10    Sec. 25a-1. Payment or delivery of real property of small 
11value of decedent upon affidavit. 
12    (a) No sooner than 6 months from the death of a decedent, a 
13interested person or persons, as defined by Section 1-2.11 of 
14this Act, may file in the circuit court in the county in which 
15the decedent was domiciled at the time of death, or if the 
16decedent was not domiciled in Illinois at the time of death, 
17then in any county in which real property of the decedent is 
18located, an affidavit stating all of the following:
 
19
Real Property of Small Value Affidavit  
20    I, (name of affiant), on oath state:
21        1.(a) My post office address is:.....................
 
 
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1        (b) My residence address is:.........................
2        (c) I understand that, if I am an out-of-state 
3    resident, I submit myself to the jurisdiction of Illinois 
4    courts for all matters related to the preparation and use 
5    of this affidavit. My agent of process in Illinois is:
6            NAME.............................................
7            ADDRESS..........................................
8            CITY.............................................
9            TELEPHONE (IF ANY)...............................
10        I understand that if no person is named above as my 
11    agent for service or, if for any reason, service on the 
12    named person cannot be effectuated, the clerk of the 
13    circuit court of the county in which this action is filed 
14    is recognized by Illinois law as my agent for service of 
15    process.
16        2. The decedent's name is............................
17        3. At least 6 months have elapsed since the death of 
18    the decedent as shown in a certified copy of decedent's 
19    death certificate attached to this affidavit.
20        4. The decedent's place of residence immediately 
21    before his or her death was..................................
22        5. The name and address of each person serving as 
23    guardian of the estate of the decedent at the time of the 
24    decedent's death, so far as known to the affiant.
25        6. The fair market value of the real property in the 
26    decedent's estate located in Illinois, as shown by the 
 
 
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1    inventory and appraisal attached to this affidavit, does 
2    not exceed $350,000.
3        7. At the time of the decedent's death, the property 
4    was not owned by the decedent in joint tenancy, tenancy by 
5    the entirety, or in which the decedent had a life other 
6    interest terminable upon the decedent's death, or was 
7    governed by a transfer on death instrument as authorized 
8    by Illinois law.
9        8. Either of the following, as appropriate:
10            A. No letters of office are now outstanding on the 
11        decedent's estate and no petition for letters is 
12        contemplated or pending in Illinois or in other 
13        jurisdiction to my knowledge; or
14            B. The decedent's personal representative has 
15        consented in writing to use of the procedure provided 
16        by this chapter.
17        9. Funeral expenses, expenses of last illness, and all 
18    unsecured debts of the decedent have been paid.
19        10. The affiant declares under penalty of perjury 
20    under the laws of the State of Illinois that the foregoing 
21    is true and correct.
 
22    (c) For each person executing the affidavit, the affidavit 
23shall contain a notary public's certificate of acknowledgment 
24identifying the person.
25    (d) An inventory and appraisal of the decedent's real 
 
 
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1property in Illinois shall be attached to the affidavit.
2    (e) The affiant shall deliver via mail or electronically a 
3copy of the affidavit and attachments to all interested 
4persons and personal representatives as required by this 
5Section.
6    (f) The affiant shall petition the count with notice to 
7all intended persons and personal representatives requesting 
8an order transferring the real property.