Illinois General Assembly - Bill Status for HB0162
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 Bill Status of HB0162  98th General Assembly

Short Description:  PROBATE-SMALL ESTATE AFFIDAVIT

House Sponsors
Rep. Linda Chapa LaVia - La Shawn K. Ford - Rita Mayfield - Michael J. Zalewski - Mary E. Flowers, Michael W. Tryon, William Davis, Robert W. Pritchard, Emanuel Chris Welch, Derrick Smith, Jehan A. Gordon-Booth, Arthur Turner, Martin J. Moylan, Michelle Mussman, Kenneth Dunkin, Dwight Kay, Dennis M. Reboletti, Monique D. Davis, Robert Rita, Thomas Morrison, Elizabeth Hernandez, Christian L. Mitchell, Daniel J. Burke, Ann Williams, Elaine Nekritz, Cynthia Soto, Greg Harris, Deborah Conroy, Al Riley, Luis Arroyo, Ron Sandack, Camille Y. Lilly, Jerry F. Costello, II, John D. Cavaletto, Carol A. Sente, Fred Crespo, Brandon W. Phelps, Mike Smiddy, Marcus C. Evans, Jr. and Stephanie A. Kifowit

Senate Sponsors
(Sen. Heather A. Steans)

Last Action
DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
755 ILCS 5/11-13.4 new
755 ILCS 5/25-1from Ch. 110 1/2, par. 25-1


Synopsis As Introduced
Amends the Probate Act of 1975. Provides that the terms of a guardianship account established on behalf of a minor at a financial institution must provide for compliance with court orders regarding the establishment and management of the account, and imposes certain other duties upon financial institutions. Provides that an entity may not act under the direction of a small estate affidavit unless the affiant, or his or her agent, has first presented the affidavit before a judge and obtained a court order granting access. Provides that the affidavit shall state that the burial and funeral expenses, medical bills, credit card bills, and real property taxes (instead of funeral expenses) have been, or remain to be, paid. Provides that if there is a surviving spouse, but the surviving spouse is not the affiant, the affiant must state the reason that the affiant, rather than the surviving spouse, has prepared the small estate affidavit. Provides that an affidavit not prepared by a surviving spouse must include a notarized statement, signed by the surviving spouse and witnessed by 2 persons unrelated to the affiant, stating that the surviving spouse declines to prepare the affidavit. Provides that if the reason for the surviving spouse's inability to prepare the affidavit is medically related, a letter from the surviving spouse's physician should be attached attesting to the medical condition that makes the surviving spouse unable to complete the affidavit. Provides that if there is no surviving spouse and there is one or more minor children, the affiant must be a court appointed guardian for one or more of the children. Provides that if the surviving spouse is the affiant, he or she shall affirm that he or she was not separated from the decedent. Makes other changes.

Actions 
DateChamber Action
  1/15/2013HouseFiled with the Clerk by Rep. Linda Chapa LaVia
  1/16/2013HouseFirst Reading
  1/16/2013HouseReferred to Rules Committee
  1/30/2013HouseAssigned to Judiciary
  2/28/2013HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/7/2013HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  3/8/2013HouseAdded Co-Sponsor Rep. Michael W. Tryon
  3/14/2013HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski
  3/14/2013HouseChief Co-Sponsor Changed to Rep. Michael J. Zalewski
  3/14/2013HouseTo Real Estate, Property, Probate, and Trusts Subcommittee
  3/20/2013HouseRecommends Do Pass Subcommittee/ Judiciary; 002-000-000
  3/20/2013HouseDo Pass / Short Debate Judiciary; 014-000-000
  3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate
  4/18/2013HouseSecond Reading - Short Debate
  4/18/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2013HouseThird Reading - Consideration Postponed
  4/19/2013HousePlaced on Calendar - Consideration Postponed
  4/19/2013HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/19/2013HouseRule 19(a) / Re-referred to Rules Committee
  3/21/2014HouseAdded Co-Sponsor Rep. William Davis
  5/7/2014HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  5/8/2014HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  5/8/2014HouseAdded Co-Sponsor Rep. Derrick Smith
  5/8/2014HouseAdded Co-Sponsor Rep. Jehan A. Gordon-Booth
  5/8/2014HouseAdded Co-Sponsor Rep. Arthur Turner
  5/8/2014HouseAdded Co-Sponsor Rep. Martin J. Moylan
  5/13/2014HouseAdded Co-Sponsor Rep. Michelle Mussman
  5/13/2014HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  5/13/2014HouseAdded Co-Sponsor Rep. Dwight Kay
  5/13/2014HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  5/13/2014HouseAdded Co-Sponsor Rep. Monique D. Davis
  5/13/2014HouseAdded Co-Sponsor Rep. Robert Rita
  5/13/2014HouseAdded Co-Sponsor Rep. Thomas Morrison
  5/14/2014HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  5/14/2014HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  5/14/2014HouseAdded Co-Sponsor Rep. Daniel J. Burke
  5/14/2014HouseAdded Co-Sponsor Rep. Ann Williams
  5/14/2014HouseAdded Co-Sponsor Rep. Elaine Nekritz
  5/15/2014HouseAdded Co-Sponsor Rep. Cynthia Soto
  5/15/2014HouseAdded Co-Sponsor Rep. Greg Harris
  5/15/2014HouseAdded Co-Sponsor Rep. Deborah Conroy
  5/15/2014HouseAdded Co-Sponsor Rep. Al Riley
  5/15/2014HouseAdded Co-Sponsor Rep. Luis Arroyo
  5/16/2014HouseAdded Co-Sponsor Rep. Ron Sandack
  5/16/2014HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  5/16/2014HouseAdded Co-Sponsor Rep. Jerry F. Costello, II
  5/20/2014HouseAdded Co-Sponsor Rep. John D. Cavaletto
  5/21/2014HouseAdded Co-Sponsor Rep. Carol A. Sente
  5/23/2014HouseAdded Co-Sponsor Rep. Fred Crespo
  5/28/2014HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  5/28/2014HouseAdded Co-Sponsor Rep. Mike Smiddy
  6/27/2014HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  6/27/2014HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  11/6/2014HouseApproved for Consideration Rules Committee; 004-000-000
  11/6/2014HouseThird Reading - Consideration Postponed
  11/6/2014HousePlaced on Calendar - Consideration Postponed
  12/3/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  12/3/2014HouseThird Reading - Short Debate - Passed 065-047-001
  12/3/2014SenateArrive in Senate
  12/3/2014SenatePlaced on Calendar Order of First Reading
  12/3/2014SenateChief Senate Sponsor Sen. Heather A. Steans
  12/3/2014SenateFirst Reading
  12/3/2014SenateReferred to Assignments
  12/3/2014HouseSession Sine Die

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