SB3212 103RD GENERAL ASSEMBLY

LRB103 36597 JRC 66706 b

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probate Act of 1975 is amended by adding Article XXVA as follows:

(755 ILCS 5/Art. XXVA heading new)

ARTICLE XXVA

REAL PROPERTY OF SMALL VALUE

(755 ILCS 5/25a-1 new)

Sec. 25a-1. Payment or delivery of real property of small value of decedent upon affidavit.

(a) No sooner than 6 months from the death of a decedent, a interested person or persons, as defined by Section 1-2.11 of this Act, may file in the circuit court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in Illinois at the time of death, then in any county in which real property of the decedent is located, an affidavit stating all of the following:

Real Property of Small Value Affidavit

I, (name of affiant), on oath state:

1.(a) My post office address is:.....................

(b) My residence address is:.........................

(c) I understand that, if I am an out-of-state resident, I submit myself to the jurisdiction of Illinois courts for all matters related to the preparation and use of this affidavit. My agent of process in Illinois is:

NAME.............................................

ADDRESS..........................................

CITY.............................................

TELEPHONE (IF ANY)...............................

I understand that if no person is named above as my agent for service or, if for any reason, service on the named person cannot be effectuated, the clerk of the circuit court of the county in which this action is filed is recognized by Illinois law as my agent for service of process.

2. The decedent's name is............................

3. At least 6 months have elapsed since the death of the decedent as shown in a certified copy of decedent's death certificate attached to this affidavit.

4. The decedent's place of residence immediately before his or her death was..................................

5. The name and address of each person serving as guardian of the estate of the decedent at the time of the decedent's death, so far as known to the affiant.

6. The fair market value of the real property in the decedent's estate located in Illinois, as shown by the inventory and appraisal attached to this affidavit, does not exceed $350,000.

7. At the time of the decedent's death, the property was not owned by the decedent in joint tenancy, tenancy by the entirety, or 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.

8. Either of the following, as appropriate:

A. No letters of office are now outstanding on the decedent's estate and no petition for letters is contemplated or pending in Illinois or in other jurisdiction to my knowledge; or

B. The decedent's personal representative has consented in writing to use of the procedure provided by this chapter.

9. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid.

10. The affiant declares under penalty of perjury under the laws of the State of Illinois that the foregoing is true and correct.

(c) For each person executing the affidavit, the affidavit shall contain a notary public's certificate of acknowledgment identifying the person.

(d) An inventory and appraisal of the decedent's real property in Illinois shall be attached to the affidavit.

(e) The affiant shall deliver via mail or electronically a copy of the affidavit and attachments to all interested persons and personal representatives as required by this Section.

(f) The affiant shall petition the count with notice to all intended persons and personal representatives requesting an order transferring the real property.