In Schaumburg and Hoffman Estates a small estate affidavit may be used to distribute probate assets under $100,000. If there is no real estate and the probate assets are under $100,000 then it may be possible to avoid probate and u .
Most county court systems have small estate affidavit forms that can be used.
How do I know if I can use a small estate affidavit?
In general a non-attorney may not be able to tell if an estate may be distributed through a small estate affidavit. It is always our advice to consult with a probate attorney to ensure that you comply with Illinois law.
In general a small estate affidavit may be used in place of a probate proceeding if the following conditions are met:
- There is no real estate
- The value of the deceased individual’s assets are under $100,000
Can I do this myself without an attorney? Probably not. While the form may be simple enough to complete the ramification of properly using the form and properly distributing the assets can still be difficult for non-attorneys. There are many considerations that can be discussed with proper probate and estate planning attorneys. Things to consider:
- is there a will (if there is not a will understanding the intestacy statute of Illinois can be tricky)
- are the assets liquid assets or are there a lot of assets that must be sold off
- did the deceased person have a lot of creditors
- is there a chance that family members may dispute a will or dispute the distribution of assets
- is there a complicated estate plan that will make administration more difficult
What happens if I do something wrong? Since a small estate affidavit is a personal affidavit, if you personally use the affidavit in an improper manner or without authority you may be personally liable.
Using local schaumburg law firm probate attorneys can save you money in the long run and can ensure that the distribution of assets complies with the requirements of Illinois law.
The Schaumburg and Hoffman Estates law firm of Kelley, Kelley & Kelley can assist you with your Schaumburg small estate affidavit, Hoffman Estates small estate affidavit or any other probate matters. Contact Matthew Kelley or William Kelley or call us at (847) 895-9151 to speak with a Schaumburg and Hoffman Estates probate attorney.