Topic: Small Estate Affidavits
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We received a small estate affidavit for a customer who resides in another state. Can we accept an Illinois small estate affidavit?
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We are not aware of any reasons that an Illinois small estate affidavit could not be used.
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We received a small estate affidavit that is signed by only one of two co-executors of the will. Is it valid?
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Illinois law also does not require that the individual signing a small estate affidavit (the “affiant”) be an executor of the deceased individual’s will, and once the bank makes payments and distributes property as the affiant instructed in the small estate affidavit, it is as if the bank had paid the executors (or other representatives)…
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We received a small estate affidavit that is neither notarized nor witnessed by two people. Is it valid?
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Under Illinois law, small estate affidavits do not need to be notarized or witnessed. See 755 ILCS 5/25-1(b).