A small estate affidavit form is a form used to know the estate owned by a certain deceased person and the rightful heirs to that estate. The Cook County Small Estate Affidavit form is one that can be used within Cook County of Illinois State only, and when the decedent has died on or after the 4th of September, 1991. No petitions should be pending/outstanding in Illinois or in any other jurisdiction, and the total value of the decedent’s estate must not exceed $100,000.
Instructions to fill this Affidavit Form
- Begin the affidavit form by entering the name of the affiant (person filling the affidavit form), along with his/her post office address and residential address.
- Mention details of the agent of the affiant – full name, address, city, zip code and telephone number. If no one is named as agent, the Clerk of the Circuit Court of Cook County, Illinois is automatically named agent as per Illinois Law.
- Enter the full legal name of the decedent, along with his/her date of death and attach a copy of the death certificate. Also mention the place of residence of decedent before death.
- If the decedent’s expenses and debts have not been fully paid off, mention the details of debts/expenses below – names, post office addresses and amounts. These expenses include funeral/burial expenses, spouse’s/child’s awards, debts due to USA, debts due to employees, money/property received in trust by the decedent, debts due to the State of Illinois and all other miscellaneous debts.
- Then enter the full names, relationships with, ages and residential addresses of surviving spouse(s), minor child(ren) and adult dependent child(ren).
- Mention the allowable awards to surviving spouse(s), or to minor children or adult dependent children if there is no surviving spouse.
- Fill the next section depending on whether or not the decedent left any will. Fill in the list of each rightful heir/legatee and give following details – name, relationship, residential address, age and portion of estate entitled to.
- Mention the relationship of the affiant with the decedent.
- If there is any remaining property after payments of all expenses/debts, it should be distributed. Mention the names and sum total or property which should be distributed and to whom.
- The affidavit must be notarized to be completed.