Rep. Patricia R. Bellock
Filed: 3/11/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 3693 




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    AMENDMENT NO. ______. Amend House Bill 3693 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Probate Act of 1975 is amended  by changing 
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Section 25-1 as follows:
 
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    (755 ILCS 5/25-1)  (from Ch. 110 1/2, par. 25-1)
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    Sec. 25-1. Payment or delivery of small estate of decedent 
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upon
affidavit.
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    (a) When any person or corporation (1) indebted to or 
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holding
personal estate of a decedent, (2) controlling the 
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right of access to
decedent's safe deposit box or (3) acting as 
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registrar or transfer agent
of any evidence of interest, 
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indebtedness, property or right is
furnished with a small 
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estate affidavit in substantially the
form hereinafter set 
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forth, that person or corporation shall pay the
indebtedness, 
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grant access to the safe deposit box, deliver the personal

 


 






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estate or transfer or issue the evidence of interest, 
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indebtedness,
property or right to persons and in the manner 
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specified in paragraph 11 of
the affidavit or to an agent 
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appointed as hereinafter set forth.
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    (b)        Small Estate Affidavit
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    I,        (name of affiant)    , on oath state:
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    1.  (a) My post office address is:                      ;
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        (b) My residence address is:                    ; and
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        (c) I understand that, if I am an out-of-state 
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resident, I submit myself
to the jurisdiction of Illinois 
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courts for all matters related to the preparation
and use of 
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this affidavit.  My agent for service of process in Illinois is:
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NAME..........................
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ADDRESS.......................
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CITY..........................
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TELEPHONE (IF ANY)............
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I understand that if no person is named above as my agent for 
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service or,
if for any reason, service on the named person 
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cannot be effectuated, the
clerk of the circuit court of 
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......(County) (Judicial Circuit) Illinois
is recognized by 
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Illinois law as my agent for service of process.
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    2. The decedent's name is            ;
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    3. The date of the decedent's death was            , and I 
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have
attached a copy of the death certificate hereto.
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    4. The decedent's place of residence immediately before his

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death was            ;
 


 






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    5. No letters of office are now outstanding on the 
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decedent's estate and
no petition for letters is contemplated 
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or pending in Illinois or in any
other jurisdiction, to my 
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knowledge;
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    6. The gross value of the decedent's entire personal 
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estate, including
the value of all property passing to any 
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party either by intestacy  or
under a will, does not exceed 
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$100,000.  (Here, list each asset, e.g., cash,
stock, and its 
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fair market value.);


10    7. (a) All of the decedent's funeral expenses have been 
11paid,
or (b) The amount of the decedent's unpaid funeral 
12expenses and the name
and post office address of each person 
13entitled thereto are as follows:


14Name and post office addressAmount


15(Strike either 7(a) or 7(b)).


16    8. There is no known unpaid claimant or contested claim 
17against the
decedent, except as stated in paragraph 7.


18    9.  (a) The names and places of residence of any surviving 
19spouse, minor
children and adult dependent* children of the 
20decedent are as follows:


21Name andPlace ofAge of


22RelationshipResidenceminor child




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24*(Note: An adult dependent child is one who is unable to 
25maintain himself
and is likely to become a public charge.)


 


 






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1    (b) The award allowable to the surviving spouse of a 
2decedent who was
an Illinois resident is $..........
($10,000, 
3plus $5,000 multiplied by the number of minor children and 
4adult
dependent children who resided with the surviving spouse 
5at the time of the
decedent's death.  If any such child did not 
6reside with the surviving
spouse at the time of the decedent's 
7death, so indicate).


8    (c) If there is no surviving spouse, the award allowable to 
9the minor
children and adult dependent children of a decedent 
10who was an Illinois
resident is $.......... ($10,000, plus 
11$5,000
multiplied by the number of minor children and adult 
12dependent children),
to be divided among them in equal shares.


13    10. (a) The decedent left no will.  The names, places of 
14residence and
relationships of the decedent's heirs, and the 
15portion of the estate to
which each heir is entitled under the 
16law where decedent died intestate
are as follows:


17Name, relationshipAge ofPortion of


18and place of residenceminorEstate


19OR




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1    (b) The decedent left a will, which has been filed with the 
2clerk of
an appropriate court.  A certified copy of the will on 
3file is attached.
To the best of my knowledge and belief the 
4will on file is the decedent's
last will and was signed by the 
5decedent and the attesting witnesses as
required by law and 
6would be admittable to probate.  The names and places
of 
7residence of the legatees and the portion of the estate, if 
8any, to
which each legatee is entitled are as follows:


9Name, relationshipAge ofPortion of


10and place of residenceminorEstate




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12    (Strike either 10(a) or 10(b)).


13    (c) Affiant is unaware of any dispute or potential conflict 
14as to the
heirship or will of the decedent.


15    10.1.       I, ........... (the Affiant) state that my 
16relationship to the decedent is ................. and (check 
17all that apply): 


18... There is no surviving spouse; or 


 


 






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1... There is a surviving spouse, but the surviving spouse is 
2unable to prepare the small estate affidavit or has declined, 
3refused, or asked me to prepare the small estate affidavit.  The 
4reason that the

Affiant has prepared this small estate 
5affidavit rather than the surviving spouse is that

(state here 
6the precise time, date, and circumstances of the surviving 
7spouse declining,

 refusing, or asking me to prepare the small 
8estate affidavit; or state why the surviving

 spouse is unable 
9to prepare the small estate affidavit):  
10................................................. 


11    11. The property described in paragraph 6 of this affidavit 
12should be
distributed as follows:
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    Name        Specific sum or property to be distributed
 
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The foregoing statement is made under the penalties of 
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perjury*.
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.........................
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Signature of Affiant
     
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*(Note: A fraudulent statement made under the penalties of 
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perjury is
perjury, as defined in Section 32-2 of the Criminal 
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Code of 1961.)
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    (c) Appointment of Agent.  If safe deposit access is 
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involved or if sale
of any personal property is desirable to 
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facilitate distribution pursuant
to the small estate 
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affidavit, all persons named in paragraph 11 of the
small 
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estate affidavit (excluding minors and unascertained or 
 


 






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disabled
persons) may in writing appoint one or more persons as 
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their agent for that
purpose. The agent shall have power, 
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without court approval, to gain access
to, sell, and distribute 
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the property for the benefit of all persons named
in paragraph 
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11 of the affidavit; and the payment, delivery, transfer,

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access or issuance shall be made or granted to or on the order 
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of the agent.
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    (d) Release.  Upon payment, delivery, transfer, access or 
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issuance
pursuant to a properly executed affidavit, the person 
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or corporation is
released to the same extent as if the 
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payment, delivery, transfer, access
or issuance had been made 
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or granted to the representative of the estate.
Such person or 
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corporation is not required to see to the application or

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disposition of the property; but each person to whom a payment, 
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delivery,
transfer, access or issuance is made or given is 
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answerable therefor to any
person having a prior right and is 
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accountable to any representative of the
estate.
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    (e) The affiant signing the small estate affidavit prepared 
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pursuant to
subsection (b) of this Section shall indemnify and 
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hold harmless all creditors
and heirs of the decedent and other 
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persons relying upon the affidavit who
incur loss because of 
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such reliance.  That indemnification shall only be
up to the 
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amount lost because of the act or omission of the affiant.  Any

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person recovering under this subsection (e) shall be entitled 
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to reasonable
attorney's fees and the expenses of recovery.
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    (f) The affiant of a small estate affidavit who is a 
 


 






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non-resident of
Illinois submits himself or herself to the 
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jurisdiction of Illinois courts
for all matters related to the 
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preparation or use of the affidavit.  The
affidavit shall 
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provide the name, address, and phone number of a person
whom 
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the affiant names as his agent for service of process.  If no 
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such
person is named or if, for any reason, service on the 
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named person cannot
be effectuated, the clerk of the circuit 
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court of the county or judicial
circuit of which the decedent 
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was a resident at the time of his death shall
be the agent for 
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service of process.
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    (g) Any action properly taken under this Section, as 
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amended by Public Act 93-877, on or after August 6, 2004 (the 
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effective date of Public Act 93-877) is valid regardless of the 
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date of death of the decedent.

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(Source: P.A. 93-877, eff. 8-6-04; 94-57, eff. 6-17-05.)".