The Small Estate Affidavit – a Handy Tool for Post Probate and Other Situations

In Illinois, handling someone’s estate is not the easiest thing to do. Many people have a variety of assets that are held by a variety of institutions. Some of these institutions are fluid in how they do business and handle assets, sometimes being willing to work with heirs and people who obviously are acting with the decedent’s best wishes in mind. However, most institutions are quite strict and require official documentation of authority before they will release assets, even to a decedent’s family.

The most common and known documents that grant authority over property of a decedent would be the Letters of Office, however obtaining the Letters of Office requires filing a petition in court and opening probate for the estate, something many people do not wish to undergo, even more so when the property being distributed isn’t very valuable to begin with.

So, what do you do if you do not wish to open probate because the assets and money of the deceased are so insignificant as to be outweighed by the court costs, or perhaps because probate was already opened and a piece of property was forgotten in the original administration? Is there any route you can take apart from going the expensive route of opening/re-opening probate? The answer is yes, and the answer is a Small Estate Affidavit.

As mentioned above, the person signing the Small Estate Affidavit is accepting the liability of paying any creditors of the deceased in exchange for being given authority over the estate’s few remaining assets. It is for this reason that these affidavits should not be filled out or used without being completely sure this is the correct route to go. A person should never make use of a Small Estate Affidavit without first consulting with an attorney.

If you or someone you know has property of a deceased loved one that is held by a bank or other institution and it won’t be released, consider contacting the Law Office of Andrew Szocka P.C at 815-455-8430 or by email at info@szocka.com.

We have extensive background in obtaining estate property by small estate affidavit and other means. We would be happy to assist you with finishing off the last remainder of asset administration you need to do to allow the deceased to truly rest in peace knowing their property has been properly distributed to their loved ones. We look forward to assisting you!