We have seen other institutions’ small estate affidavit forms that include additional text from the law itself (755 ILCS 5/25-1). Should we include that information on our small estate affidavit form?

No, you are not required to include any additional language from the law, other than subsection (b), which contains the statutory small estate affidavit form. The Illinois Probate Act requires a financial institution to comply with a small estate affidavit that is “substantially in compliance” with the statutory form, and it protects financial institutions from liability when using such a form. No language beyond that in subsection (b) is required.

For resources related to our guidance, please see:

  • Probate Act of 1975, 755 ILCS 5/25-1(a) (“When any person, corporation, or financial institution . . . 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 . . . .”
  • Probate Act of 1975, 755 ILCS 5/25-1(d) (“Any person, corporation, or 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 . . . .”)