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What is the process to provide a small estate affadavit for surviving spouse? Husband was on Medicaid and in nursing home in IL.

Milan, IL |

Dad was in a nursing home for 2 yrs prior to his death and had 6 shares of a common stock. There was a will, but no assets, no probate. Mom has provided proof of power of atty, death certificate, and medallion signature to transfer stocks to her name so she can liquidate, but now is being asked for sm estate affadavit. Not sure what this process entails.. Does she have to take this form before a judge? How much does this cost? Wondering if cost will be more than the value of the 6 stocks. Please advise.

Attorney Answers 4


A small estate affidavit is a simple form which some institutions require in lieu of a full blown decedent's estate. The form can be found on line or an attorney can prepare it for you at minimal cost. The form does not have to be brought before a judge.

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Go on the website of the local county court for the form and copy it, fill it out and get it notarized.

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The Rock Island County clerk of the Circuit Court website has a small estate affidavit available for you. You should download that form and carefully fill it out. It may or may not require a notary. That should be sufficient and you do not need to go to the actual judge to have anything done.

Good luck!

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I agree with the earlier answers, but, to assure compliance with the statute and acceptance, I suggest you consider an attorney preparing the form if the stock is worth any reasonable value. The discussion and arrangements can often be handled by phone, fax and E-mail and the cost is not substantial.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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