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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ESTATES (755 ILCS 5/) Probate Act of 1975. 755 ILCS 5/24-20
(755 ILCS 5/24-20) (from Ch. 110 1/2, par. 24-20)
Sec. 24-20. Deposit of unclaimed money. Before July 1, 2024, when the receipt of a
ward, a distributee of an estate, or a claimant
cannot be obtained for money or any other asset of the estate, the
representative by leave of court may sell the asset and deposit the net
proceeds together with any other money of the estate belonging to the ward,
distributee, or claimant with the county treasurer of the county in which the
estate is being administered. The representative shall notify the county
treasurer in writing of the identity of the persons entitled
thereto and, if known, their last known post office address. The
county treasurer shall give the representative a receipt
therefor which shall be filed in the court. The person entitled to the
money so deposited may obtain it, plus interest at a rate equal to
the average interest rate on 3 month United States Treasury Bills issued during
the time the money was on deposit, upon application to the court and
satisfactory proof of his right thereto. On or after July 1, 2024, when the receipt of a ward, a distributee of an estate, or a claimant cannot be found, the representative shall report and remit the share of the missing person to the State Treasurer for disposition under the Revised Uniform Unclaimed Property Act.
(Source: P.A. 103-148, eff. 6-30-23.)
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755 ILCS 5/24-21
(755 ILCS 5/24-21) (from Ch. 110 1/2, par. 24-21)
Sec. 24-21. Deposit or investment of money of a ward, subject to
court order. (a) If the estate of a ward consists only of money, on
the petition of the representative of the estate or of the
representative of an estate of which the ward is a legatee or heir, or
of any other interested person, or on its own motion, the court may, if
it appears practicable and to the best interests of the ward to do so,
order the money (1) deposited in a bank to the credit of the ward at
interest or otherwise but, unless otherwise authorized by the court, only
to an amount not exceeding the amount for which it
is insured by the Federal Deposit Insurance Corporation, or (2)
deposited in any state or federal savings and loan association but, unless
otherwise authorized by the court, only to an
amount not exceeding the amount for which it is insured by the Federal
Savings and Loan Insurance Corporation, or (3) invested in United States
obligations and deposited for safekeeping for the account of the ward in
a bank or trust company qualified to accept and execute trusts in this
State, or with the Secretary of the Treasury of the United States or in
a Federal Reserve Bank or in such other agency as may be designated by
the Secretary of the Treasury, or (4) invested in shares of any state
or federal credit union to the credit of the ward at interest or otherwise
to an amount not exceeding the amount for which said shares are insured
as required by The Illinois Credit Union Act or the Federal Credit Union
Act, as applicable, or (5) deposited in a qualified tuition program under Section 529 of the Internal Revenue Code. The receipt of the bank or trust company
constitutes a voucher for accounting purposes. Amounts deposited pursuant
to clauses (1), (2) and (4) herein, in excess of the amount
insured by the United States or any agency thereof shall be secured by a
surety bond taken from a surety authorized to transact business in this
State in such sum, under such conditions and with such security sufficient
to save the estate from loss.
(b) If a representative of the estate has been appointed for a ward,
the court may direct the representative to file a final account and
excuse him from further duty and release him and the sureties on his
bond, until further order of court.
(c) On the petition of the spouse, parent or person standing in loco
parentis to or having responsibility for the custody or support of the
ward, the court may order any money so deposited or invested to be
withdrawn and used for the comfort, support, education or other benefit
of the ward or his dependents. The petitioner shall appear in open
court unless his appearance is excused by the court and shall furnish
such evidence of the necessity for the withdrawal as the court may
require. The bank of deposit or agency for safekeeping shall be
released in making payment or delivery (1) in accordance with the order
of the court, (2) directly to the ward upon his attaining legal age or
restoration, as the case may be, or (3) directly to the representative
of the ward in case of his death, and in any such case it may not be
required to see to the application or disposition of the funds or
property.
(Source: P.A. 102-189, eff. 1-1-22 .)
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755 ILCS 5/24-22
(755 ILCS 5/24-22) (from Ch. 110 1/2, par. 24-22)
Sec. 24-22.
Interest of administrator of veterans affairs.) The interest
of the Administrator of Veterans Affairs in the estate of a ward shall be limited
to that part of the estate, invested or uninvested, which is derived from payments
made directly to the estate by the Veterans Administration. When a part of the
estate of a ward is derived from sources other than the Veterans Administration, it is
presumed that authorized or approved expenditures made under Section 11-13
are made first out of receipts from the Veterans Administration unless it appears
otherwise from the order of court authorizing or approving the expenditures.
(Source: P.A. 79-328.)
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755 ILCS 5/Art. XXV
(755 ILCS 5/Art. XXV heading)
ARTICLE XXV
SMALL ESTATES
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755 ILCS 5/25-1
(755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1)
Sec. 25-1. Payment or delivery of small estate of decedent upon
affidavit. (a) When any person, corporation, or financial institution (1) indebted to or holding
personal estate of a decedent, (2) controlling the right of access to
decedent's safe deposit box or (3) acting as registrar or transfer agent
of any evidence of interest, indebtedness, property or right is
furnished with a small estate affidavit in substantially the
form hereinafter set forth, that person, corporation, or financial institution shall pay the
indebtedness, grant access to the safe deposit box, deliver the personal
estate or transfer or issue the evidence of interest, indebtedness,
property or right to persons and in the manner specified in
the affidavit or to an agent appointed as hereinafter set forth.
(b) Small Estate Affidavit
I, (name of affiant) , on oath state:
1. (a) My post office address is:
;
(b) My residence address is:
; and
(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 (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 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. (Here, list each asset, e.g., cash,
stock, and its fair market value.);
7. (a) All of the decedent's funeral expenses and other debts have been paid,
or (b) All of the decedent's known unpaid debts are listed and classified as follows (include the name, post office address, and amount): Class 1: funeral and burial expenses, which include | | reasonable amounts paid for a burial space, crypt, or niche; a marker on the burial space; and care of the burial space, crypt, or niche; expenses of administration; and statutory custodial claims as follows:
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Class 2: the surviving spouse's award or child's award,
| | if applicable, as follows:
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Class 3: debts due the United States, as follows:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Class 4: money due employees of the decedent of not more
| | than $800 for each claimant for services rendered within 4 months prior to the decedent's death and expenses attending the last illness, as follows:
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Class 5: money and property received or held in trust by
| | the decedent which cannot be identified or traced, as follows:
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Class 6: debts due the State of Illinois and any county,
| | township, city, town, village, or school district located within Illinois, as follows:
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Class 7: all other claims, as follows:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Strike either 7(a) or 7(b)).
7.5. I understand that all valid claims against the decedent's estate described in paragraph 7 must be paid by me from the decedent's estate before any distribution is made to any heir or legatee. I further understand that the decedent's estate should pay all claims in the order set forth above, and if the decedent's estate is insufficient to pay the claims in any one class, the claims in that class shall be paid pro rata.
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:
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Name and |
Place of |
Age of |
Relationship |
Residence |
minor child |
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*(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 $..........
($20,000, plus $10,000 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 a decedent who was an Illinois
resident is $.......... ($20,000, plus $10,000
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
relationships 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:
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Name, relationship |
Age of |
Portion of |
and place of residence |
minor |
Estate |
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OR |
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| (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 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:
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Name, relationship |
Age of |
Portion of |
and place of residence |
minor |
Estate |
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(Strike either 10(a) or 10(b)).
(c) Affiant is unaware of any dispute or potential conflict as to the
heirship or will of the decedent.
10.3. My relationship to the decedent or the decedent's estate is as follows: .
10.5. (The following paragraph should appear in bold type and in not less than 14-point font):
I understand that the decedent's estate must be
| | distributed first to satisfy claims against the decedent's estate as set forth in paragraph 7.5 of this affidavit before any distribution is made to any heir or legatee. By signing this affidavit, I agree to indemnify and hold harmless all creditors of the decedent's estate, the decedent's heirs and legatees, and other persons, corporations, or financial institutions relying upon this affidavit who incur any loss because of reliance on this affidavit, up to the amount lost because of any act or omission by me. I further understand that any person, corporation, or financial institution recovering under this indemnification provision shall be entitled to reasonable attorney's fees and the expenses of recovery.
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| 11. After payment by me from the decedent's estate of all debts and expenses listed in paragraph 7, any remaining 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*.
.........................
Signature of Affiant
Signed and sworn before me on (insert date). .........................
Notary Public
*(Note: A fraudulent statement made under the penalties of perjury is
perjury, as defined in Section 32-2 of the Criminal Code of 2012.)
(c) Appointment of Agent. If safe deposit access is involved or if sale
of any personal property is desirable to facilitate distribution pursuant
to the small estate affidavit, the affiant under the small estate affidavit may in writing appoint one or more persons as the affiant's agent for that
purpose. The agent shall have power, without court approval, to gain access
to, sell, and distribute the property in the manner specified in paragraphs 7.5 and 11 of the affidavit; and the payment, delivery, transfer,
access or issuance shall be made or granted to or on the order of the agent. The affiant may appoint himself or herself as the designated representative to exercise the powers and perform the duties of an agent described in this subsection (c).
(d) Reliance and Release. Any person, corporation, or financial institution who acts in good faith reliance on a copy of a document purporting to be a small estate affidavit that is substantially in compliance with subsection (b) of this Section shall be fully protected and released upon payment, delivery, transfer, access or issuance
pursuant to such a document to the same extent as if the payment, delivery, transfer, access
or issuance had been made or granted to the representative of the estate.
Such person, corporation, or financial institution is not required to see to the application or
disposition of the property; but each person to whom a payment, delivery,
transfer, access or issuance is made or given is answerable therefor to any
person having a prior right and is accountable to any representative of the
estate.
(e) Distributions pursuant to an affidavit substantially in the form set forth in subsection (b) of this Section may be made to the affiant, if so specified in paragraph 11, notwithstanding the disclosure of known unpaid debts. The affiant, acting on behalf of the decedent's estate, is obligated to pay all valid claims against the decedent's estate before any distribution is made to any heir or legatee. The affiant signing the small estate affidavit prepared pursuant to
subsection (b) of this Section shall indemnify and hold harmless all creditors,
heirs, and legatees of the decedent and other persons, corporations, or financial institutions relying upon the affidavit who
incur loss because of such reliance. That indemnification shall only be
up to the amount lost because of the act or omission of the affiant. Any
person, corporation, or financial institution recovering under this subsection (e) shall be entitled to reasonable
attorney's fees and the expenses of recovery.
(f) The affiant of a small estate affidavit who is a non-resident of
Illinois submits himself or herself to the jurisdiction of Illinois courts
for all matters related to the preparation or use of the affidavit. The
affidavit shall provide the name, address, and phone number of a person
whom the affiant names as his agent for service of process. If no such
person is named or if, for any reason, service on the named person cannot
be effectuated, the clerk of the circuit court of the county or judicial
circuit of which the decedent was a resident at the time of his death shall
be the agent for service of process.
(g) Any action properly taken under this Section, as amended by Public Act 93-877, on or after August 6, 2004 (the effective date of Public Act 93-877) is valid regardless of the date of death of the decedent.
(h) The changes made by this amendatory Act of the 96th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 96th
General Assembly. (i) The changes made by this amendatory Act of the 98th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 98th
General Assembly. (Source: P.A. 97-1150, eff. 1-25-13; 98-836, eff. 1-1-15 .)
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