1. Collect information
To fill out a small estate affidavit, you will need a list of any unpaid debts owed by the decedent. For example, the decedent might owe money for medical bills and credit card bills. You will also need a list of all the property and assets in the estate.
Remember that you can only use a small estate affidavit if the estate has no more than $100,000 in it. Read more about Using a small estate affidavit.
If you are not an Illinois resident, you need to provide the information of someone who is. You should include their name, address, and phone number. This person may be contacted if you are gone.
2. Fill out the small estate affidavit form
3. Sign and copy the small estate affidavit form
Sign the affidavit. Remember that by signing the affidavit you promise to pay the decedent’s debts before giving any money to anyone else.
4. Use the small estate affidavit
You can show the affidavit to any person, bank or corporation that has the property of the estate. The bank, person, or corporation must give away the property the way the affidavit says. Once the property is transferred, the person who gave you the property cannot be sued.
The person or corporation that has the decedent's property must turn over the property after you give them the small estate affidavit. If they don’t, you can file a civil court claim to get the property.
Updated: March 2017