Bill Status of SB 664   99th General Assembly


Short Description:  PROBATE-SMALL ESTATE AFFIDAVIT

Senate Sponsors
Sen. Heather A. Steans

Last Action  View All Actions

DateChamber Action
  1/10/2017SenateSession Sine Die

Statutes Amended In Order of Appearance
755 ILCS 5/11-13.4 new
755 ILCS 5/25-1from Ch. 110 1/2, par. 25-1

Synopsis As Introduced
Amends the Probate Act of 1975. Provides that the terms of a guardianship account established on behalf of a minor at a financial institution must provide for compliance with court orders regarding the establishment and management of the account, and imposes certain other duties upon financial institutions. Provides that an entity may not act under the direction of a small estate affidavit unless the affiant, or his or her agent, has first presented the affidavit before a judge and obtained a court order granting access. Provides that if there is a surviving spouse, but the surviving spouse is not the affiant, the affiant must state the reason that the affiant, rather than the surviving spouse, has prepared the small estate affidavit. Provides that an affidavit not prepared by a surviving spouse must include a notarized statement, signed by the surviving spouse and witnessed by 2 persons unrelated to the affiant, stating that the surviving spouse declines to prepare the affidavit. Provides that if the reason for the surviving spouse's inability to prepare the affidavit is medically related, 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 child, the affiant must be a court-appointed guardian for one or more of the children. Provides that if the surviving spouse is the affiant, he or she shall affirm that he or she was not separated from the decedent. Makes other changes.

Senate Committee Amendment No. 1
Provides that an agent appointed by an affiant to access a safe deposit box or sell personal property shall have the power to act with (instead of "without") court approval.

Actions 
DateChamber Action
  1/28/2015SenateFiled with Secretary by Sen. Heather A. Steans
  1/28/2015SenateFirst Reading
  1/28/2015SenateReferred to Assignments
  2/11/2015SenateAssigned to Judiciary
  2/20/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
  2/20/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/3/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/10/2015SenateSenate Committee Amendment No. 1 Adopted
  3/11/2015SenatePostponed - Judiciary
  3/27/2015SenateRule 3-9(a) / Re-referred to Assignments
  1/10/2017SenateSession Sine Die

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