Full question:
My uncle was living in Carroll County, Illinois. He passed away last month leaving a will. I’m named as the executor of his will. My uncle has left behind stocks worth $50,000 and a bank account with a balance of $30,000. His will does not mention any debts to be paid out of the estate. Can I administer the will without probate?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Illinois
Answer:
Not all wills require probate in Illinois. However, if the deceased did not own any real property, and the value of the estate is less than $100,000.00, a Small Estate Affidavit may be required. As the name suggests, it is in the nature of an affidavit. A model affidavit is set out in 755 ILCS 5/25-1. You may also request the clerk of the circuit court for the form used in your county.It must be remembered that a fraudulent statement in the affidavit will result in perjury. “A fraudulent statement made under the penalties of perjury is perjury, as defined in Section 32-2 of the Criminal Code of 2012.” 755 ILCS 5/25-1.
Also, 755 ILCS 5/25-1requires the Small Estate Affidavit to be notarized.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
