Fillable Printable Small Estate Affidavit Form Sample
Fillable Printable Small Estate Affidavit Form Sample
Small Estate Affidavit Form Sample
SMALL ESTATE AFFIDAVIT
[
to
b
e
use
d
on
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y
w
h
en
d
ece
d
ent
di
e
d
on or after September 4, 1991.]
I, , on oath state:
(
name of affiant
)
1. ( a ) My post office address is:__________________________________________________
(
b
)
My residence address is:__________________________________________________
_
(
c
)
I understand that, if I am an out-of-state resident, I submit myself to the
j
urisdiction of Illinois courts for all matters related to the preparation and use of this
affidavit. My agent for service of process in Illinois is:
Name_________________________________________
Address_______________________________________
City___________________________________________
Telephone (if any)______________________________
I understand that if no person is named above as my agent for service or, if for any
reason, service on the named person cannot be effectuated, the Clerk of the Circuit Court
of ______________________________
(
county
)(
Judicial Circuit
)
, Illinois is recognized
by Illinois law as my agent for service of process.
2. The decedent's name is __________________________________________________
_
3. The date of the decedent's death was________________________, and I
have attached a copy of the death certificate hereto.
4. The decedent's place of residence immediately before his death was_________
______________________________________________________________________________________
_
5. No letters of office are now outstanding on the decedent's estate and no
petition for letters is contemplated or pending in Illinois or in any other
j
urisdiction,
to my knowledge.
6. The gross value of the decedent's entire personal estate, including the value
of all property passing to any party either by intestacy or under a will, does not exceed
$100,000.
(
here, list each asset, e.g. cash, stock and its fair market value.
)
Page 1 of 4
7.
(
a
)
All of the decedent's funeral expenses have been paid, or
(
b
)
The amount of the decedent's unpaid funeral expenses and the name and post
office address of each person entitled thereto are as follows:
Name and post office address Amount
(
Strike either 7
(
a
)
or 7
(
b
)
.
)
8. There is no known unpaid claimant or contested claim against the decedent,
except as stated in paragraph 7.
9.
(
a
)
The names and places of residence of any surviving spouse, minor children and
adult dependent children* of the decedent are as follows:
Name and Place o
f
Age o
f
Relationship Residence Minor Child
*
(
Note: An adult dependent child is one who is unable to maintain himself and is likely to
become a public charge.
)
(
b
)
The award allowable to the surviving spouse of a decedent who was an Illinois
resident is $___________________
(
$10,000, plus $5,000 multiplied by the number of minor
children and adult dependent children who resided with the surviving spouse at the time o
f
the decedent's death. If any such child did not reside with the surviving spouse at the
time of the decent's death, so indicate
)
.
(
c
)
If there is no surviving spouse, the award allowable to minor children and
adult dependent children of a decedent who was an Illinois resident is $________________
(
$10,000, plus $5,000 multiplied by the number of minor children and adult dependent
children
)
, to be divided among them in equal shares.
Page 2 of 4
10.
(
a
)
The decedent left no will. The names, places of residence and relationship o
f
the decedent's heirs, and the portion of the estate to which eash heir is entitled under
the law where decedent died intestate are as follows:
Name, relationship Age o
f
Portion o
f
and place of residence Minor estate
(
or
)
(
b
)
The decedent left a will, which has been filed with the clerk of an
appropriate court. A certified copy of the will on file is attached. To the best of m
y
knowledge and belief the will on file is the decedent's last will and was signed by the
decedent and the attesting witnesses as required by law and would be admissable to
probate. The names and places of residence of the legatees and the portion of the estate,
if any, to which each legatee is entitled are as follows:
Name, relationship Age o
f
Portion o
f
and place of residence Minor estate
(
Strike either 10
(
a
)
or 10
(
b
)
.
)
(
c
)
Affiant is unaware of any dispute or potential conflict as to heirship or
w
ill of the decedent.
Page 3 of 4
11. The property described in paragraph 6 of this affidavit would be distributed
as follows:
Specific sum or propert
y
Name to be distributed
The foregoing statement is made under the penalties of per
j
ury.*
______________________________________________
_
Signature of affiant
*
(
Note: A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS PERJURY, AS DEFINED
IN THE SECTION 32.2 OF THE CRIMINAL CODE OF 1961.)
Name________________________________________________________________________________________
Business Address____________________________________________________________________________
City, State, Zip Code_________________________________________________________________________
Telephone number___( )
Page 4 of 4
