Does Illinois law require a waiting period between the date of death and when a small estate affidavit may be presented to a financial institution?

No, there is no waiting period between the date of death and when the small estate affidavit may be presented to a financial institution. The statutory small estate affidavit form requires the affiant to state the date of the decedent’s death, but it does not impose a waiting period.

For resources related to our guidance, please see:

  • Probate Act of 1975, 755 ILCS 5/25-1(a)(1) (“When any person, corporation, or financial institution (1) indebted to or holding personal estate of a decedent, (2) controlling the right of access to decedent's safe deposit box  . . . is furnished with a small estate affidavit in substantially the form hereinafter set forth, that person, corporation, or 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, 755 ILCS 5/25-1(b)(3) (“The date of the decedent's death was . . . and I have attached a copy of the death certificate hereto.”)