Illinois House Bill 25 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 9 2013 - 25% progression, died in chamber
Action: 2013-03-06 - Tabled
Text: Latest bill text (Introduced) [HTML]

Amends the Probate Act of 1975. Provides that any person, corporation, or financial institution (instead of person or corporation) holding or controlling personal property shall, upon examining and approving the documents attached to the affidavit, deliver or pay over the personal property pursuant to the provisions of the small estate affidavit. 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 unable to prepare the small estate affidavit or has declined, refused, or asked the affiant to prepare the small estate affidavit, the affiant must state the reason that the affiant has prepared the small estate affidavit rather than the surviving spouse. Provides that the explanation shall include the precise time, date, and circumstances of the surviving spouse declining, refusing, or asking the affiant to prepare the small estate affidavit or state the reason that the surviving spouse is unable to prepare the small estate affidavit. Provides that if the reason for the surviving spouse's inability to prepare the affidavit is medically related that 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 the property held shall be paid, after the burial, funeral, medical, and credit card bills, and real estate taxes are paid. Provides that if the surviving spouse is the affiant that he or she shall affirm that he or she was not separated from the decedent. Makes other changes.

PROBATE-SMALL ESTATE AFFIDAVIT

Rep. Mary Flowers [D]

Date	Chamber	Action
2013-03-06	House	Tabled
2013-03-06	House	Motion Prevailed
2013-03-06	House	Motion Filed - Table Bill/Resolution Pursuant to Rule 60(b), Rep. Mary E. Flowers
2013-01-30	House	Assigned to Judiciary
2013-01-09	House	Referred to Rules Committee
2013-01-09	House	First Reading
2012-12-10	House	Prefiled with Clerk by Rep. Mary E. Flowers

Chapter	Article	Section	Citation Type	Statute Text
755	5	25-1	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=25&GAID=12&DocTypeID=HB&SessionID=85&GA=98
Text	https://www.ilga.gov/legislation/98/HB/09800HB0025.htm