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IL HB0162

Bill

Status

Failed

12/3/2014

Primary Sponsor

Linda LaVia

Click for details

Origin

House of Representatives

98th General Assembly

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

Committee Referrals

Assignments12/3/2014
Rules4/19/2013
Judiciary1/30/2013
Rules1/16/2013

Full Bill Text

No bill text available
IL HB 0162 - Failed | Illinois 2013 Bill | Vulcan Bills