Small Estate Affidavit – Bates Law Office – 501 Jackson Avenue – Charleston IL – Call 217-512-1847 for a Consultation

A small estate affidavit is a document that the administrator of a deceased person’s estate may use to pay the deceased’s debts, collect their assets and to disperse the estate’s balance to beneficiaries. An estate administrator may avoid starting a probate case and proceed with administrating without oversight from the court by utilizing a small estate affidavit if:

-The deceased person’s assets total under $100,000 and don’t include any real estate.
-All of the deceased’s creditors and debts will be paid.
-The estate administrator will not contest claims from creditors.
-There aren’t disputes between beneficiaries.

The small estate affidavit requires that the administrator must state in writing that each of these conditions are fulfilled and state how the distribution of the estate’s assets shall proceed.

An administrator has legal empowerment to collect and disperse the deceased person’s properties by providing financial institutions and other business or entity who has the deceased’s property with copies of:

-The small estate affidavit.
-The death certificate.
-The will.

It’s not necessary to file a small estate affidavit with a court. You can locate the small estate affidavit forms online from the Illinois Secretary of State or at the offices of your local circuit county clerk. After filling out the form properly, make a copy of it for your records. You’ll need to have it notarized, so don’t put your signature on it until you’re with a notary public. In addition, attach copies of the will and the death certificate.

Our experienced team is ready to help you with your legal needs regarding small estate affidavits, wills, estate planning, probate and other related areas. Contact the Bates Law Office at 217-512-1847 for a free consultation.