Bill Status of HB 3298   97th General Assembly

Short Description:  PROBATE-SMALL ESTATE AFFIDAVIT

House Sponsors
Rep. Mary E. Flowers-William Davis-Jil Tracy-Dwight Kay, La Shawn K. Ford, Linda Chapa LaVia and Rita Mayfield

Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
755 ILCS 5/25-1from Ch. 110 1/2, par. 25-1

Synopsis As Introduced
Amends the Probate Act of 1975. Provides that any person, corporation, or financial institution (instead of person or corporation) holding or controlling personal property shall, upon examining and approving the documents attached to the affidavit, deliver or pay (instead of deliver or pay) over the personal property pursuant to the provisions of the small estate affidavit. Provides that the affidavit shall state that the burial and funeral expenses, medical bills, credit card bills, and real property taxes (instead of funeral expenses) have been, or remain to be, paid. Provides that if there is a surviving spouse, but the surviving spouse is unable to prepare the small estate affidavit or has declined, refused, or asked the affiant to prepare the small estate affidavit, the affiant must state the reason that the affiant has prepared the small estate affidavit rather than the surviving spouse. Provides that the explanation shall include the precise time, date, and circumstances of the surviving spouse declining, refusing, or asking the affiant to prepare the small estate affidavit or state the reason that the surviving spouse is unable to prepare the small estate affidavit. Provides that if the reason for the surviving spouse's inability to prepare the affidavit is medically related that a letter from the surviving spouse's physician should be attached attesting to the medical condition that makes the surviving spouse unable to complete the affidavit. Provides that if there is no surviving spouse and there is one or more minor children, the affiant must be a court appointed guardian for one or more of the children. Provides that the property held shall be paid, after the burial, funeral, medical, and credit card bills, and real estate taxes are paid. Provides that if the surviving spouse is the affiant that he or she shall affirm that he or she was not separated from the decedent. Makes other changes.

Actions 
DateChamber Action
  2/24/2011HouseFiled with the Clerk by Rep. Patricia R. Bellock
  2/24/2011HouseFirst Reading
  2/24/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/10/2011HouseAdded Chief Co-Sponsor Rep. William Davis
  3/10/2011HouseAdded Chief Co-Sponsor Rep. Jil Tracy
  3/16/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/16/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2011HouseAdded Chief Co-Sponsor Rep. Dwight Kay
  3/31/2011HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  4/1/2011HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/1/2011HouseAdded Co-Sponsor Rep. Mary E. Flowers
  4/1/2011HouseRemove Chief Co-Sponsor Rep. Linda Chapa LaVia
  4/1/2011HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/14/2011HouseSecond Reading - Short Debate
  4/14/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  4/15/2011HouseRule 19(a) / Re-referred to Rules Committee
  5/4/2011HouseChief Sponsor Changed to Rep. Mary E. Flowers
  5/4/2011HouseRemoved Co-Sponsor Rep. Mary E. Flowers
  5/12/2011HouseAdded Co-Sponsor Rep. Rita Mayfield
  1/8/2013HouseSession Sine Die

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