The terms of the small estate affidavit will dictate whom to make the check payable to. The statutory form for an Illinois small estate affidavit directs property holders (such as banks) to distribute the decedent’s property according to the terms of the affidavit. Accordingly, the affidavit may direct the bank to disburse the account funds to the affiant, or to other individual or individuals identified in the affidavit (such as the decedent’s creditors, heirs, or legatees).

Note that the Illinois Probate Act protects your bank from liability when relying on a small estate affidavit that is in substantially the same form outlined in the Act — regardless of whom the affidavit directs your bank to make the check payable to.

For resources related to our guidance, please see:

• Probate Act of 1975, Article XXV, Small Estates, 755 ILCS 5/25-1(b)(11) (“After payment by me from the decedent's estate of all debts and expenses listed in paragraph 7, any remaining property described in paragraph 6 of this affidavit should be distributed as follows: . . .”)

• Probate Act of 1975, Article XXV, Small Estates, 755 ILCS 5/25-1(e) (“Distributions pursuant to an affidavit substantially in the form set forth in subsection (b) of this Section may be made to the affiant, if so specified in paragraph 11, notwithstanding the disclosure of known unpaid debts. The affiant, acting on behalf of the decedent's estate, is obligated to pay all valid claims against the decedent's estate before any distribution is made to any heir or legatee. The affiant signing the small estate affidavit prepared pursuant to subsection (b) of this Section shall indemnify and hold harmless all creditors, heirs, and legatees of the decedent and other persons, corporations, or financial institutions relying upon the affidavit who incur loss because of such reliance. That indemnification shall only be up to the amount lost because of the act or omission of the affiant. Any person, corporation, or financial institution recovering under this subsection (e) shall be entitled to reasonable attorney's fees and the expenses of recovery.”)

• 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. Such person, corporation, or financial institution is not required to see to the application or disposition of the property”)