IL HB3693

Amends the Probate Act of 1975 to require small estate affidavit forms to include a statement of the legal preference order for who may prepare the affidavit: surviving spouse, children, grandchildren, parents, siblings, nearest kindred, and public administrator.

Requires the affiant to state which of the following applies: no heir has superior preference to prepare the affidavit; the heir with equal or superior preference declined or refused; or there is a stated reason the affiant prepared it instead of the person with equal or superior preference.

Mandates the affidavit include notice that when multiple persons claim equal preference rights, a court may determine which one is entitled to prepare the small estate affidavit.

Creates new Section 25-5 codifying the preference order for preparing small estate affidavits and the required statements from the affiant regarding relationships and preferences.

Applies to small estate affidavits completed after the effective date, providing statutory framework to clarify authority and prevent disputes over who may prepare these affidavits.