Illinois House Bill 3298 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: Failed on January 8 2013 - 100% progression
Action: 2013-01-08 - Session Sine Die
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 (instead of 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]	Rep. William Davis [D]	Sen. Jil Tracy [R]	Rep. Dwight Kay [R]
Rep. LaShawn Ford [D]	Rep. Linda LaVia [D]	Rep. Rita Mayfield [D]

Date	Chamber	Action
2013-01-08	House	Session Sine Die
2011-05-12	House	Added Co-Sponsor Rep. Rita Mayfield
2011-05-04	House	Removed Co-Sponsor Rep. Mary E. Flowers
2011-05-04	House	Chief Sponsor Changed to Rep. Mary E. Flowers
2011-04-15	House	Rule 19(a) / Re-referred to Rules Committee
2011-04-14	House	Held on Calendar Order of Second Reading - Short Debate
2011-04-14	House	Second Reading - Short Debate
2011-04-01	House	Added Co-Sponsor Rep. Linda Chapa LaVia
2011-04-01	House	Remove Chief Co-Sponsor Rep. Linda Chapa LaVia
2011-04-01	House	Added Co-Sponsor Rep. Mary E. Flowers
2011-04-01	House	Added Co-Sponsor Rep. La Shawn K. Ford
2011-03-31	House	Added Chief Co-Sponsor Rep. Linda Chapa LaVia
2011-03-23	House	Added Chief Co-Sponsor Rep. Dwight Kay
2011-03-16	House	Placed on Calendar 2nd Reading - Short Debate
2011-03-16	House	Do Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
2011-03-10	House	Added Chief Co-Sponsor Rep. Jil Tracy
2011-03-10	House	Added Chief Co-Sponsor Rep. William Davis
2011-02-28	House	Assigned to Judiciary I - Civil Law Committee
2011-02-24	House	Referred to Rules Committee
2011-02-24	House	First Reading
2011-02-24	House	Filed with the Clerk by Rep. Patricia R. Bellock

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=3298&GAID=11&DocTypeID=HB&SessionID=84&GA=97
Text	https://www.ilga.gov/legislation/97/HB/09700HB3298.htm