SB3212 103RD GENERAL ASSEMBLY

 


 
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:.....................

 

 

SB3212- 2 -LRB103 36597 JRC 66706 b

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

 

 

SB3212- 3 -LRB103 36597 JRC 66706 b

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

 

 

SB3212- 4 -LRB103 36597 JRC 66706 b

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.