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Small Estate Affidavit Form. This is a Illinois form and can be use in Madison Local County.
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Tags: Small Estate Affidavit, Illinois Local County, Madison
SMALL ESTATE AFFIDAVIT
I, the undersigned, on oath state:
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 jurisdiction 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: __________________
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 Madison
County, Third Judicial Circuit, Edwardsville, 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
the death certificate hereto.
and I have attached a copy of
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 jurisdiction, 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 $100,000.00.
(List each asset, e.g. cash, stock and its fair market value.)
7. (a) All of decedent’s funeral expenses have been paid to, 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:
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Name and Post Office Address
Amount
8. There is no known unpaid claimant or contest claim against the decedent (except as stated
in paragraph 7).
9. (a) The names and places of residence or any surviving spouse, minor children and adult
dependent children of the decedent are as follows:
Name and Relationship
Place of Residence
Age
(Note: An adult dependent child is one who is unable to maintain him/herself 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 of the decedent’s death. If any such child did not reside with the surviving
spouse at the time of the decedent’s death, so indicate.)
(c) If there is no surviving spouse, the award allowable to the minor children and adult
dependent children of the 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.
10. (a) The decedent left no will. The names, places of residence and relationship of the
decedent’s heirs and the portion of the estate to which each heir is entitled under the law
where decedent died intestate are as follows:
Name, Relationship, and
Place of Residence
Age of Minor
Portion of
Estate
(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 my knowledge and belief, the
will on file is the decedent’s last will and was signed by the decedent and the attesting
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witnesses as required by law and would be admittable 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, and
Place of Residence
Age of Minor
Portion of
Estate
(c) Affiant is unaware of any dispute or potential conflict as to the heirship or will of the
decedent.
11. The property described in paragraph 6 of this affidavit should be distributed as follows:
Name
Specific sum or property to be distributed
The foregoing statement is made under the penalties of perjury. (Note: A fraudulent
statement made under the penalties of perjury is perjury, as defined in Section 32-2 of the
Criminal Code of 1961.)
______________________________
Signature of Affiant
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