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Public Act 098-0836


 

Public Act 0836 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0836
 
SB2985 EnrolledLRB098 19713 HEP 54924 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Probate Act of 1975 is amended by changing
Section 25-1 as follows:
 
    (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, or 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, or 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
paragraph 11 of 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 The amount of the decedent's known unpaid debts are
listed and classified as follows (include the name, post office
address, and amount) funeral expenses and the name and post
office address of each person entitled thereto are as follows:
    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:
    .............................................................
    Class 2: the surviving spouse's award or child's award, if
    applicable, as follows:
    .............................................................
    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:
    .............................................................
    Class 5: money and property received or held in trust by

 
    the decedent which cannot be identified or traced, as
    follows:
    .............................................................
    Class 6: debts due the State of Illinois and any county,
    township, city, town, village, or school district located
    within Illinois, as follows:
    .............................................................
    Class 7: all other claims, as follows:
    .............................................................
(Strike either 7(a) or 7(b)).
Name and post office addressAmount
(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:
Name andPlace ofAge of
RelationshipResidenceminor child
*(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:
Name, relationshipAge ofPortion of
and place of residenceminorEstate
OR
    (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:
Name, relationshipAge ofPortion of
and place of residenceminorEstate
    (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.
    11. After payment by me from the decedent's estate of all
debts and expenses listed in paragraph 7, any remaining 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*.
.........................
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 all
persons named in paragraph 11 of the small estate affidavit
(excluding minors and unascertained or disabled persons) may in
writing appoint one or more persons as the affiant's their
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 for the
benefit of all persons named in paragraph 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 Upon payment,
delivery, transfer, access or issuance pursuant to such a
document a properly executed affidavit, the person or
corporation is released 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, or
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, and 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. 96-968, eff. 7-2-10; 97-1150, eff. 1-25-13.)
 
    Section 10. The Safety Deposit Box Opening Act is amended
by changing Section 1 as follows:
 
    (755 ILCS 15/1)  (from Ch. 17, par. 1501)
    Sec. 1. Upon being furnished with satisfactory proof of
death of a sole lessee or the last surviving co-lessee of a
safe deposit box, the lessor shall open the box and examine the
contents in the presence of a person who presents himself and
furnishes an affidavit which states that (a) he is interested
in the filing of the lessee's will or in the arrangements for
his burial, (b) he believes the box may contain the will or
burial documents of the lessee and (c) he is an interested
person within the meaning of this Act. The lessor shall not
open the box in accordance with this Act if the lessor has
received a copy of letters of office of the representative of
the deceased lessee's estate, or other applicable court order,
or a small estate affidavit in accordance with Article XXV of
the Probate Act of 1975. The lessor need not open the box if
(a) the box has previously been opened in accordance with this
Act, (b) the lessor has received notice of a written or oral
objection from any person or has reason to believe that there
would be an objection, or (c) the lessee's key or combination
is not available. The lessor shall authorize a representative
of a decedent's estate or a person designated in a small estate
affidavit pursuant to Article XXV of the Probate Act of 1975,
upon presentation of letters of office, other applicable court
order, or small estate affidavit, to open the box and examine
and remove the contents.
    For purposes of this Act, the term "interested person"
means any person who immediately prior to the death of the
lessee had the right of access to the box as a deputy, any
person named as executor in a copy furnished by him of a
purported will of the lessee, or the spouse, an adult
descendant, parent, brother or sister of the lessee. If the
affidavit states that none of the persons described above is
available to be present at the opening of the box, the term
"interested person" also means any other person who the lessor
in its sole discretion determines may have a legitimate
interest in the filing of the lessee's will or in the
arrangements for his burial.
    The lessor shall remove any document which appears to be a
will or codicil and deliver it to the clerk of the circuit
court for the county in which the lessee resided immediately
prior to his or her death, if known to the lessor, otherwise to
the clerk of the circuit court for the county in which the safe
deposit box is located. Delivery of a will or codicil called
for herein may be made by registered mail sent to the clerk of
the said court. The lessor may remove any burial documents and
deliver them to the interested person. No other contents may be
removed pursuant to this Act.
    The lessor is not required to look into the truth of any
statement in the affidavit required to be furnished under
section one of this Act. The lessor's determination of the fact
situations to be met under this act shall be conclusive and
final. The lessor shall be fully protected in relying
conclusively on it.
(Source: P.A. 83-642.)

Effective Date: 1/1/2015