The Illinois Probate Act (755 ILCS 5/25-1) was officially updated on January 1, 2015, and applies to any successors whose loved one passed away on or after that date. Unlike some other states, a decedent could have had a will, but the will may not have specified distribution of all the decedent’s real estate. If that is the case, a successor may file a small estate affidavit to collect and distribute the remaining unclaimed real estate, as long as it values at $100,000 or less.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.
