Does a small estate affidavit (Probates under $100,000) need to be notorized and/ or filed with the court and signed by a judge-

Asked almost 3 years ago - Chicago, IL

Is this a requirment in IL and why does it ask if there are any minors if you can't use this form or under what circumstances can this form be used if a minor is involved?

Attorney answers (3)

  1. Paul A. Smolinski


    Contributor Level 17


    Lawyer agrees

    Answered . You are correct in stating that Illinois Small Estate Affidavits can be used when "probate assets" are less than $100,000.00. However, with that said the person executing the Affidavit can become liable if they misuse or misapply the assets that are obtained. When you mention that there are minors involved things become more complicated and, thus, I strongly recommend that you do not attempt to navigate this process without an attorney.

    This is not a "do it yourself" project!

    Best wishes!

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . I agree with Paul. Because a minor is involved even though this is small estate you really need to pay the retainer to an attorney to get this done right.

  3. Jeffrey Jon Kabbe

    Contributor Level 9

    Answered . A small estate affidavit is signed by the person handling the administration. It does not need to be filed with the court or notarized. However, many banks and other institutions will only accept notarized documents. So it's generally best to have it notarized and save yourself some hassle.

    I agree with the other attorneys on the minor beneficiary issue. That adds complication, and I suggest you contact an attorney to discuss it.

    This answer does not constitute legal advice and you do not have an attorney-client relationship with me or my... more

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