| ||||
| Public Act 098-0836 | ||||
| ||||
| ||||
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)). | ||||||||
| ||||||||
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: | ||||||||
| ||||||||
*(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: | |||||||||||
| |||||||||||
(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: | ||||||||
| ||||||||
(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.)
| ||