Bill Text: IL SB3212 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Probate Act of 1975. Creates a Small Estate Affidavit to transfer real property if the fair market value does not exceed $350,000. Requires notice to interested persons as defined by the Act and any personal representatives of the decedent. Exempts property was owned by the decedent in joint tenancy, tenancy by the entirety, in which the decedent had a life other interest terminable upon the decedent's death, or was governed by a transfer on death instrument as authorized by Illinois law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3212 Detail]

Download: Illinois-2023-SB3212-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3212 Introduced 2/6/2024, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
755 ILCS 5/Art. XXVA heading new
755 ILCS 5/25a-1 new
Amends the Probate Act of 1975. Creates a Small Estate Affidavit to transfer real property if the fair market value does not exceed $350,000. Requires notice to interested persons as defined by the Act and any personal representatives of the decedent. Exempts property was owned by the decedent in joint tenancy, tenancy by the entirety, in which the decedent had a life other interest terminable upon the decedent's death, or was governed by a transfer on death instrument as authorized by Illinois law.
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A BILL FOR
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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 adding
Article XXVA as follows:
(755 ILCS 5/Art. XXVA heading new)
ARTICLE XXVA
REAL PROPERTY OF SMALL VALUE
(755 ILCS 5/25a-1 new)
Sec. 25a-1. Payment or delivery of real property of small
value of decedent upon affidavit.
(a) No sooner than 6 months from the death of a decedent, a
interested person or persons, as defined by Section 1-2.11 of
this Act, may file in the circuit court in the county in which
the decedent was domiciled at the time of death, or if the
decedent was not domiciled in Illinois at the time of death,
then in any county in which real property of the decedent is
located, an affidavit stating all of the following:
Real Property of Small Value Affidavit
I, (name of affiant), on oath state:
1.(a) My post office address is:.....................

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(b) My residence address is:.........................
(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 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 the county in which this action is filed
is recognized by Illinois law as my agent for service of
process.
2. The decedent's name is............................
3. At least 6 months have elapsed since the death of
the decedent as shown in a certified copy of decedent's
death certificate attached to this affidavit.
4. The decedent's place of residence immediately
before his or her death was..................................
5. The name and address of each person serving as
guardian of the estate of the decedent at the time of the
decedent's death, so far as known to the affiant.
6. The fair market value of the real property in the
decedent's estate located in Illinois, as shown by the

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inventory and appraisal attached to this affidavit, does
not exceed $350,000.
7. At the time of the decedent's death, the property
was not owned by the decedent in joint tenancy, tenancy by
the entirety, or in which the decedent had a life other
interest terminable upon the decedent's death, or was
governed by a transfer on death instrument as authorized
by Illinois law.
8. Either of the following, as appropriate:
A. 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 other
jurisdiction to my knowledge; or
B. The decedent's personal representative has
consented in writing to use of the procedure provided
by this chapter.
9. Funeral expenses, expenses of last illness, and all
unsecured debts of the decedent have been paid.
10. The affiant declares under penalty of perjury
under the laws of the State of Illinois that the foregoing
is true and correct.
(c) For each person executing the affidavit, the affidavit
shall contain a notary public's certificate of acknowledgment
identifying the person.
(d) An inventory and appraisal of the decedent's real

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