No, we do not believe that you can require letters of office when presented with a small estate to close a deceased customer’s account.

The Illinois Probate Act requires a financial institution to comply with a small estate affidavit that is in substantially the same form outlined in the Act. The statutory form for the small estate affidavit includes language attesting that “no letters of office” have been issued by or requested from a probate court. Consequently, you cannot require the affiant to present letters of office, as those letters would contravene the affidavit. Note, though, that your bank is protected from liability when relying on a small estate affidavit.

For resources related to our guidance, please see:

• Probate Act of 1975, Article XXV, 755 ILCS 5/25-1(a)  (“When any . . . financial institution  . . .  holding personal estate of a decedent . . . is furnished with a small estate affidavit in substantially the form hereinafter set forth, that . . . financial institution shall pay the indebtedness, grant access to the safe deposit box, deliver the personal estate or transfer or issue the evidence of interest, indebtedness, property or right to persons and in the manner specified in the affidavit or to an agent appointed as hereinafter set forth.”)

• Probate Act of 1975, Article XXV, Small Estates, 755 ILCS 5/25-1(b) (“Small Estate Affidavit. I, (name of affiant), on oath state: . . . . 5. No letters of office are now outstanding on the decedent’s estate and no petition for letters is contemplated or pending in Illinois or in any other jurisdiction, to my knowledge; . . .”)

• Probate Act of 1975, Article XXV, Small Estates, 755 ILCS 5/25-1(d) (“Any . . . financial institution who acts in good faith reliance on a copy of a document purporting to be a small estate affidavit that is substantially in compliance with subsection (b) of this Section shall be fully protected and released upon payment, delivery, transfer, access or issuance pursuant to such a document to the same extent as if the payment, delivery, transfer, access or issuance had been made or granted to the representative of the estate.”)