Small Estate Affidavit (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Small Estate Affidavit (N/a) is a commonly used form within Illinois. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Small Estate Affidavit (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Small Estate Affidavit (N/a):

• This form pertains to the State of Illinois

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Illinois’s Form Small Estate Affidavit (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Illinois form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Illinois probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Small Estate Affidavit (N/a), take a break, and then review. Probate and estate settlement processes in IL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Small Estate Affidavit (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Small Estate Affidavit (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Illinois.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Illinois can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Illinois. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Illinois is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Illinois probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Illinois probate clerk or court for exact answers regarding Form Small Estate Affidavit (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Small Estate Affidavit (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some Illinois probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Illinois.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Small Estate Affidavit (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Illinois probate court office.

Small Estate Affidavit (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Illinois-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Illinois Form Small Estate Affidavit (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

AN AFFIDAVIT TO THE SECRETARY OF THE STATE OF ILLINOIS, PURSUANT TO 755 ILCS 5/ART. XXV OF THE PROBATE ACT, ILLINOIS COMPILED STATUTES, AS AMENDED BY PUBLIC ACT 98-0 836 (EFF. 1-1-15). STATE OF ILLINOIS COUNTY OF ________________________ SMALL ESTATE AFFIDAVIT I, (name of affiant), on oath state: 1. (a) My post offic e address is: (b) My residence address is: _______________________________________________________________________________; and (c) I understand that if I am an out-of-state res ident 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: 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/her 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 in valu e and consists of the following (list each asset and its fair market value): Including vehicle(s) described below: Make of Vehicle Body Type Year Model Vehicle Identification Number Make of Vehicle Body Type Year Model Vehicle Identification Number Last licensed in the State of Illinois in (Year) __________ License Plate Number(s)_______________________________________________ 7. Mark (X) either (a) or (b): (a) All t he decedent's funeral expenses and other debts have been paid, or (b) All the decedent's known unpaid debts are listed and classified as follows: Class 1: F uneral 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: Name Post Office Address________________________________________________________Amount $_______________________________ Class 2: S urviving spouse’s award or child’s award, if applicable: Name Post Office Address________________________________________________________Amount $_______________________________ Class 3: Debts due the United States: Name Post Office Address________________________________________________________Amount $_______________________________ Class 4: Money due employees of the decedent of not more than $800 for each claimant for services rendered within four months prior to the decedent’s death and expenses attending the last illness: Name Post Office Address________________________________________________________Amount $_______________________________ Class 5: M oney and property received or held in trust by the decedent that cannot be identified or traced: Name Post Office Address________________________________________________________Amount $_______________________________ Class 6: Debts due the State of Illinois and any county, township, city, town, village, or school district located within Illinois: Name Post Office Address________________________________________________________Amount $_______________________________ Class 7: All other claims: Name Post Office Address________________________________________________________Amount $_______________________________ 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 for th 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 Relationship Place of Residence Age of Minor Child *(Note: An adult dependent child is one who is unable to maintain themself 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 in 9(a)}. (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. Mark (X) either 10(a) or 10(b): (a) The decedent left no will. The names, places of residence and relationships of the decedent's heirs, and the porti on of the estate to which each heir is entitled under the law where decedent died intestate are as follows: Name, Relationship and Place of Residence Age of Minor Portion of Estate (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 and Place of Residence Age of Minor Portion of Estate (c) Affi ant 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:_____________________________________________________________. 10.5 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 property described in paragraph 6 of this affidavit should be transferred to (NAME)_________________________________________________________________ (ADDRESS)________________________________________________________________________________________________________; this affidavit is made to induce the Secretary of State of Illinois, to issu e a Certificate of Title to the vehicle to the assignee. The foregoing statement is made under the penalties of perjury. (Note: A fraudulent statement made under the penalties of perjury is perjury, as defined In Section 32-2 of the Criminal Code of 2012.) ____________________________________________________________________ Signature of Affiant Date Subscribed and sworn to before me this _________________________ day of ____________________________, ___________. _____________________________________________________________________ Notary Public (SEAL) Printed by authority of the State of Illinois. January 2023 – 1 – RT OPR 31.17