No, we do not believe that a bank is required to examine the contents of a safe deposit box before turning them over to the affiant under a small estate affidavit.

Illinois law limits the use of a small estate affidavit to estates that do not exceed $100,000 in value. The Illinois small estate affidavit form requires the affiant to sign and swear to a statement in the affidavit that the gross value of the decedent’s entire personal estate does not exceed $100,000. Your bank would not be required to sign and swear to the affidavit. Consequently, we do not believe that a financial institution has the responsibility to examine the contents of a safe deposit box before surrendering those contents to the affiant under a valid Illinois small estate affidavit.

Also, the Illinois small estate affidavit form requires the affiant to indemnify any financial institution (and other persons) that rely on the affidavit and “incur any loss because of reliance on this affidavit.”

For resources related to our guidance, please see:

• Probate Act of 1975, 755 ILCS 5/25-1(b) (“Small Estate Affidavit . . . 6. The gross value of the decedent’s entire personal estate, including the value of all property passing to any party either by intestacy or under a will, does not exceed $100,000. (Here, list each asset, e.g., cash, stock, and its fair market value.)”)

• Probate Act of 1975, 755 ILCS 5/25-1(a) (“When any person, corporation, or financial institution . . . 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) (“Small Estate Affidavit . . . 10.5. . . . By signing this affidavit, I agree to indemnify and hold harmless all creditors of the decedent’s estate, the decedent’s heirs and legatees, and other persons, corporations, or financial institutions relying upon this affidavit who incur any loss because of reliance on this affidavit, up to the amount lost because of any act or omission by me. I further understand that any person, corporation, or financial institution recovering under this indemnification provision shall be entitled to reasonable attorney’s fees and the expenses of recovery.”)