Loading chat...
IL HB0162
Bill
Status
12/3/2014
Primary Sponsor
Linda LaVia
Click for details
AI Summary
-
Amends the Probate Act of 1975 to add Section 11-13.4 requiring financial institutions to inquire about court orders when opening guardianship accounts for minors and to obtain court authorization before releasing funds from such accounts.
-
Modifies Section 25-1 to include financial institutions (banks, credit unions, investment companies, savings banks, securities dealers, trust companies) alongside persons and corporations in small estate affidavit procedures for decedents' estates.
-
Requires guardians establishing accounts for minors pursuant to court order to present the court order to the financial institution at account opening.
-
Adds new subsection (a-5) to Section 25-1 requiring court orders before financial institutions can pay debts or transfer property from small estates, with judges granting orders upon presentation of affidavit, proof of notice to heirs/legatees, and a petition showing the affidavit was not fraudulently executed.
-
Specifies that financial institutions must inquire about existing court orders before acting on small estate affidavits and establishes duties regarding document examination and approval before releasing funds.
Legislative Description
PROBATE-SMALL ESTATE AFFIDAVIT
Last Action
Session Sine Die
12/3/2014