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IL HB3298

Bill

Status

Failed

1/8/2013

Primary Sponsor

Mary Flowers

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Amends the Probate Act of 1975 to expand entities that can hold and release small estate property to include financial institutions in addition to persons and corporations.

  • Requires affidavit to document burial, funeral, medical bills, credit card bills, and real property taxes (instead of only funeral expenses) that have been or remain to be paid.

  • If a surviving spouse exists but is unable or unwilling to prepare the affidavit, the affiant must state the precise time, date, and circumstances of the spouse's inability, refusal, or request, including physician's letter if medically related.

  • Requires that when there is no surviving spouse but minor children exist, the affiant must be a court-appointed guardian for at least one of the children.

  • If surviving spouse is the affiant, they must affirm they were not legally separated from the decedent at the time of death.

Legislative Description

PROBATE-SMALL ESTATE AFFIDAVIT

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules4/15/2011
Judiciary I - Civil Law2/28/2011
Rules2/24/2011

Full Bill Text

No bill text available