Illinois’ New Small Estate Affidavit

In Illinois, a significant change is coming to the small estate affidavit form and procedure.  Governor Quinn signed into law an amendment to the Small Estate section of the Illinois Probate Act on August 1 this year, which will apply to decedent’s estates with a date of death on or after January 1, 2015. 

A small estate affidavit (SEA) is a non-judicial estate collection and settlement procedure in Illinois available as an alternative to probate when the total value of the personal estate is less than $100,000.  The biggest changes under the new SEA address the handling of estate debts and expenses and the new collection and distribution mechanism available to the affiant.  Under the new SEA, the affiant is required to list all types of unpaid claims against the estate.  The affiant also has the option to direct the release of assets to the affiant directly rather than heirs or legatees. 

As a result, the changes are going to make the SEA available to more small estates.  However, a potential affiant must be fully cognizant of his or her additional responsibilities and potential for liability.  Because of the added layers of complexity, it is important to consult with counsel.

See Jeffrey R. Gottlieb, New Illinois Small Estate Affidavit Coming in 2015, Law Offices of Robert H. Glorch, Nov. 3, 2014.