Money & Debt

To fill out a small estate affidavit, you will need a list of any unpaid debts owed by the decedent Someone who has died . 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 Anything a person owns that has financial value in the estate.

You can only use a small estate affidavit if the estate has no more than $100,000 in it. You cannot use a small estate affidavit to transfer real property, such as a house. However, the decedent's real property may have already been transferred to someone else. This could be done by a Transfer on Death Instrument or a joint tenancy A type of ownership in which the owners have equal shares and have a right of survivorship. The right of survivorship means that when one owner dies, the other owners split that owner's share. . If so, you can use a small estate affidavit for the rest of the estate.  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.

The next step in using a small estate affidavit is to fill out the form. You can:

• Use our small estate affidavit form preparation program to help you fill out a small estate affidavit;
• Download the form from the Secretary of State’s website; or
• Pick up the form at your local circuit clerk's office and fill it out by hand.

Make at least two copies of the completed affidavit A notarized written statement signed by a person under oath . Attach a copy of the death certificate. Also, attach a certified copy A copy of a document that can be used instead of the original because an official has approved it as a true and accurate copy by signing it. of the will that was filed if there is one.

Sign the affidavit. Remember that by signing the affidavit you promise to pay the decedent Someone who has died ’s debts before giving any money to anyone else.

You can show the affidavit A notarized written statement signed by a person under oath to any person, bank or corporation that has the property of the estate All of the property a person owns at their death . 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 Someone who has died '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 A court where people or businesses bring problems in front of a judge. Civil courts are different from criminal courts, where a defendant is accused of a crime by the state. claim to get the property.