|  |
Public Act 098-0836
Public Act 0836 98TH GENERAL ASSEMBLY
|
Public Act 098-0836
| | SB2985 Enrolled | LRB098 19713 HEP 54924 b |
|
| 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 changing | Section 25-1 as follows:
| (755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1)
| Sec. 25-1. Payment or delivery of small estate of decedent | upon
affidavit. | (a) When any person, or corporation, or financial | institution (1) indebted to or holding
personal estate of a | decedent, (2) controlling the right of access to
decedent's | safe deposit box or (3) acting as registrar or transfer agent
| of any evidence of interest, indebtedness, property or right is
| furnished with a small estate affidavit in substantially the
| form hereinafter set forth, that person, or corporation, or | financial institution shall pay the
indebtedness, grant access | to the safe deposit box, deliver the personal
estate or | transfer or issue the evidence of interest, indebtedness,
| property or right to persons and in the manner specified in | paragraph 11 of
the affidavit or to an agent appointed as | hereinafter set forth.
| (b) Small Estate Affidavit
| I, (name of affiant) , on oath state:
|
| 1. (a) My post office address is: ;
| (b) My residence address is: ; and
| (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 for service 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 | ......(County) (Judicial Circuit) Illinois
is recognized by | Illinois law as my agent for service of process.
| 2. The decedent's name is ;
| 3. The date of the decedent's death was , and I | have
attached a copy of the death certificate hereto.
| 4. The decedent's place of residence immediately before his
| death was ;
| 5. 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 any
other jurisdiction, to my | knowledge;
| 6. The gross value of the decedent's entire personal | estate, including
the value of all property passing to any |
| party either by intestacy or
under a will, does not exceed | $100,000. (Here, list each asset, e.g., cash,
stock, and its | fair market value.);
| 7. (a) All of the decedent's funeral expenses and other | debts have been paid,
or | (b) All The amount of the decedent's known unpaid debts are | listed and classified as follows (include the name, post office | address, and amount) funeral expenses and the name
and post | office address of each person entitled thereto are as follows: | Class 1: funeral and burial expenses, which include | reasonable amounts paid for a burial space, crypt, or | niche; a marker on the burial space; and care of the burial | space, crypt, or niche; expenses of administration; and | statutory custodial claims as follows: | ............................................................. | Class 2: the surviving spouse's award or child's award, if | applicable, as follows: | ............................................................. | Class 3: debts due the United States, as follows: | ............................................................. | Class 4: money due employees of the decedent of not more | than $800 for each claimant for services rendered within 4 | months prior to the decedent's death and expenses attending | the last illness, as follows: | ............................................................. | Class 5: money and property received or held in trust by |
| the decedent which cannot be identified or traced, as | follows: | ............................................................. | Class 6: debts due the State of Illinois and any county, | township, city, town, village, or school district located | within Illinois, as follows: | ............................................................. | Class 7: all other claims, as follows: | ............................................................. | (Strike either 7(a) or 7(b)). |
|
Name and post office address | | Amount |
|
(Strike either 7(a) or 7(b)). |
|
7.5. I understand that all valid claims against the | decedent's estate described in paragraph 7 must be paid by me | from the decedent's estate before any distribution is made to | any heir or legatee. I further understand that the decedent's | estate should pay all claims in the order set forth above, and | if the decedent's estate is insufficient to pay the claims in | any one class, the claims in that class shall be paid pro rata. | 8. There is no known unpaid claimant or contested claim | against the
decedent, except as stated in paragraph 7. | 9. (a) The names and places of residence of any surviving | spouse, minor
children and adult dependent* children of the | decedent are as follows: |
|
Name and |
Place of |
Age of |
|
Relationship |
Residence |
minor child |
|
| *(Note: An adult dependent child is one who is unable to | maintain himself
and is likely to become a public charge.) | (b) The award allowable to the surviving spouse of a | decedent who was
an Illinois resident is $..........
($20,000, | plus $10,000 multiplied by the number of minor children and | adult
dependent children who resided with the surviving spouse | at the time of the
decedent's death. If any such child did not | reside with the surviving
spouse at the time of the decedent's | death, so indicate). | (c) If there is no surviving spouse, the award allowable to | the minor
children and adult dependent children of a decedent | who was an Illinois
resident is $.......... ($20,000, plus | $10,000
multiplied by the number of minor children and adult | dependent children),
to be divided among them in equal shares. | 10. (a) The decedent left no will. The names, places of | residence and
relationships of the decedent's heirs, and the | portion of the estate to
which each heir is entitled under the | law where decedent died intestate
are as follows: |
|
Name, relationship |
Age of |
Portion of |
|
and place of residence |
minor |
Estate |
|
|
OR |
|
| (b) The decedent left a will, which has been filed with the | clerk of
an appropriate court. A certified copy of the will on | file is attached.
To the best of my knowledge and belief the | will on file is the decedent's
last will and was signed by the |
| decedent and the attesting witnesses as
required by law and | would be admittable to probate. The names and places
of | residence of the legatees and the portion of the estate, if | any, to
which each legatee is entitled are as follows: |
|
Name, relationship |
Age of |
Portion of |
|
and place of residence |
minor |
Estate |
|
(Strike either 10(a) or 10(b)). | (c) Affiant is unaware of any dispute or potential conflict | as to the
heirship or will of the decedent. | 10.3. My relationship to the decedent or the decedent's | estate is as follows:........................................ | 10.5. (The following paragraph should appear in bold type | and in not less than 14-point font): | I understand that the decedent's estate must be | distributed first to satisfy claims against the decedent's | estate as set forth in paragraph 7.5 of this affidavit | before any distribution is made to any heir or legatee. By | signing this affidavit, I agree to indemnify and hold | harmless all creditors of the decedent's estate, the | decedent's heirs and legatees, and other persons, | corporations, or financial institutions relying upon this | affidavit who incur any loss because of reliance on this | affidavit, up to the amount lost because of any act or | omission by me. I further understand that any person, | corporation, or financial institution recovering under |
| this indemnification provision shall be entitled to | reasonable attorney's fees and the expenses of recovery. | 11. After payment by me from the decedent's estate of all | debts and expenses listed in paragraph 7, any remaining The | property described in paragraph 6 of this affidavit should be
| distributed as follows:
| Name Specific sum or property to be distributed
| The foregoing statement is made under the penalties of | perjury*.
| .........................
| Signature of Affiant
| Signed and sworn before me on (insert date).
| .........................
| Notary Public
| *(Note: A fraudulent statement made under the penalties of | perjury is
perjury, as defined in Section 32-2 of the Criminal | Code of 2012.)
| (c) Appointment of Agent. If safe deposit access is | involved or if sale
of any personal property is desirable to | facilitate distribution pursuant
to the small estate | affidavit, the affiant under the small estate affidavit all | persons named in paragraph 11 of the
small estate affidavit |
| (excluding minors and unascertained or disabled
persons) may in | writing appoint one or more persons as the affiant's their | agent for that
purpose. The agent shall have power, without | court approval, to gain access
to, sell, and distribute the | property in the manner specified in paragraphs 7.5 and for the | benefit of all persons named
in paragraph 11 of the affidavit; | and the payment, delivery, transfer,
access or issuance shall | be made or granted to or on the order of the agent. The affiant | may appoint himself or herself as the designated representative | to exercise the powers and perform the duties of an agent | described in this subsection (c).
| (d) Reliance and Release. Any person, corporation, or | financial institution who acts in good faith reliance on a copy | of a document purporting to be a small estate affidavit that is | substantially in compliance with subsection (b) of this Section | shall be fully protected and released upon Upon payment, | delivery, transfer, access or issuance
pursuant to such a | document a properly executed affidavit, the person or | corporation is
released to the same extent as if the payment, | delivery, transfer, access
or issuance had been made or granted | to the representative of the estate.
Such person, or | corporation, or financial institution is not required to see to | the application or
disposition of the property; but each person | to whom a payment, delivery,
transfer, access or issuance is | made or given is answerable therefor to any
person having a | prior right and is accountable to any representative of the
|
| estate.
| (e) Distributions pursuant to an affidavit substantially | in the form set forth in subsection (b) of this Section may be | made to the affiant, if so specified in paragraph 11, | notwithstanding the disclosure of known unpaid debts. The | affiant, acting on behalf of the decedent's estate, is | obligated to pay all valid claims against the decedent's estate | before any distribution is made to any heir or legatee. The | affiant signing the small estate affidavit prepared pursuant to
| subsection (b) of this Section shall indemnify and hold | harmless all creditors,
and heirs, and legatees of the decedent | and other persons, corporations, or financial institutions | relying upon the affidavit who
incur loss because of such | reliance. That indemnification shall only be
up to the amount | lost because of the act or omission of the affiant. Any
person, | corporation, or financial institution recovering under this | subsection (e) shall be entitled to reasonable
attorney's fees | and the expenses of recovery.
| (f) The affiant of a small estate affidavit who is a | non-resident of
Illinois submits himself or herself to the | jurisdiction of Illinois courts
for all matters related to the | preparation or use of the affidavit. The
affidavit shall | provide the name, address, and phone number of a person
whom | the affiant names as his agent for service of process. If no | such
person is named or if, for any reason, service on the | named person cannot
be effectuated, the clerk of the circuit |
| court of the county or judicial
circuit of which the decedent | was a resident at the time of his death shall
be the agent for | service of process.
| (g) Any action properly taken under this Section, as | amended by Public Act 93-877, on or after August 6, 2004 (the | effective date of Public Act 93-877) is valid regardless of the | date of death of the decedent.
| (h) The changes made by this amendatory Act of the 96th | General Assembly apply to a decedent whose date of death is on | or after the effective date of this amendatory Act of the 96th
| General Assembly. | (i) The changes made by this amendatory Act of the 98th | General Assembly apply to a decedent whose date of death is on | or after the effective date of this amendatory Act of the 98th
| General Assembly. | (Source: P.A. 96-968, eff. 7-2-10; 97-1150, eff. 1-25-13.)
| Section 10. The Safety Deposit Box Opening Act is amended | by changing Section 1 as follows:
| (755 ILCS 15/1) (from Ch. 17, par. 1501)
| Sec. 1.
Upon being furnished with satisfactory proof of | death of a
sole lessee or the last surviving co-lessee of a | safe deposit box, the lessor
shall open the box and examine the | contents in the presence of a person
who presents himself and | furnishes an affidavit which states that (a) he
is interested |
| in the filing of the lessee's will or in the arrangements
for | his burial, (b) he believes the box may contain the will or | burial documents
of the lessee and (c) he is an interested | person within the meaning of this
Act. The lessor shall not | open the box in accordance with this Act if the
lessor has | received a copy of letters of office of the representative of
| the deceased lessee's estate, or other applicable court order, | or a small estate affidavit in accordance with Article XXV of | the Probate Act of 1975. The lessor
need not open the box if | (a) the box has previously been opened in accordance
with this | Act, (b) the lessor has received notice of a written or oral | objection
from any person or has reason to believe that there | would be an objection,
or (c) the lessee's key or combination | is not available. The lessor shall authorize a representative | of a decedent's estate or a person designated in a small estate | affidavit pursuant to Article XXV of the Probate Act of 1975, | upon presentation of letters of office, other applicable court | order, or small estate affidavit, to open the box and examine | and remove the contents.
| For purposes of this Act, the term "interested person" | means any person
who immediately prior to the death of the | lessee had the right of access
to the box as a deputy, any | person named as executor in a copy furnished
by him of a | purported will of the lessee, or the spouse, an adult | descendant,
parent, brother or sister of the lessee. If the | affidavit states that none
of the persons described above is |
| available to be present at the opening
of the box, the term | "interested person" also means any other person who
the lessor | in its sole discretion determines may have a legitimate | interest
in the filing of the lessee's will or in the | arrangements for his burial.
| The lessor shall remove any document which appears to be a | will or codicil
and deliver it to the clerk of the circuit | court for the county in which
the lessee resided immediately | prior to his or her death, if known to the
lessor, otherwise to | the clerk of the
circuit court for the county in which the safe | deposit box is located.
Delivery of a will or codicil called | for herein may be made by registered
mail sent to the clerk of | the said court.
The lessor may remove any burial documents and | deliver them to the interested
person. No other contents may be | removed pursuant to this Act.
| The lessor is not required to look into the truth of any | statement in the
affidavit required to be furnished under | section one of this Act. The lessor's
determination of the fact | situations to be met under this act shall be conclusive
and | final. The lessor shall be fully protected in relying | conclusively on it.
| (Source: P.A. 83-642.)
|
Effective Date: 1/1/2015
|
|
|
|
Translate
