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IL SB2985
Bill
AI Summary
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Amends the small estate affidavit procedure under the Probate Act of 1975 to include financial institutions alongside persons and corporations that must comply with affidavit requests.
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Expands the affidavit form to require affiants to classify and list all known unpaid debts into seven priority classes (funeral expenses, spouse/child awards, federal debts, employee wages, trust property, state/local debts, and other claims) rather than just listing funeral expenses.
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Adds new paragraph 7.5 requiring the affiant to understand that all debts must be paid from the estate before distribution to heirs or legatees, with pro rata payment if the estate is insufficient to cover claims in any class.
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Allows the affiant to appoint themselves as the designated representative to exercise agent powers for accessing safe deposit boxes and selling property to facilitate estate distribution.
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Amends the Safety Deposit Box Opening Act to recognize small estate affidavits as valid authorization for estate representatives to open and examine safe deposit box contents, alongside letters of office and court orders.
Legislative Description
PROBATE-SMALL ESTATE AFFIDAVIT
Last Action
Public Act . . . . . . . . . 98-0836
8/1/2014