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Can I file a small estate affidavit for his life insurance policy because his beneficiary preceded him in death?

Chicago, IL |

My dad recently died and my mother was beneficiary on his life insurance policy. She died before him. Now the policy goes to the estate. He has some funeral expenses that still need to be paid. He also has some real estate property. Can I file for a small estate affidavit so that his life insurance can cover his funeral expenses and later go to probate court to settle the real estate issue?

This could save time and pay his funeral expenses. I understood that a person has 6 months to settle real estate property for probate court. He also left 3 other children plus myself. What do we do?

Attorney Answers 2


I am sorry for your loss. A small estate affidavit in Illinois applies to personal estate and the total must fall below $100,000. Further, there should not be any debt except for the funeral and burial expenses. Generally, banks and others holding estate assets will be cautious in these circumstances with three children and real property estate assets.

You should see a probate lawyer in this instance.

Good luck and God bless. I hope this helps you.

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You may be able to use the Small Estate Affidavit process for the claim, which will be personal property. For the home, you may be able to work through an attorney and title company in lieu of probate. With respect to either, the facts would need to be explored with you. I would be pleased to speak with you by telephone. It is likely I am able to handle this in your area.

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