summary
Introduced
02/05/2025
02/05/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
104th General Assembly
Bill Summary
Amends the Small Estates Article of the Probate Act of 1975. Allows a small estate affidavit to be used to transfer personal property in a decedent's estate if: (1) no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in the State or in any other jurisdiction; and (2) the decedent's personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 and motor vehicles, trailers, and mobile homes registered with the Secretary of State. Makes a corresponding change in the form for a small estate affidavit. Provides that the changes made to the Act apply to a decedent whose date of death is on or after the effective date of the amendatory Act. Effective immediately.
AI Summary
This bill amends the Probate Act of 1975 to modify the small estate affidavit process, which allows for the simplified transfer of a deceased person's personal property without going through formal probate. Under the new provisions, a small estate affidavit can be used to transfer personal property if no letters of office (a formal probate court document) are outstanding and the decedent's personal estate is limited to tangible and intangible personal property not exceeding $150,000, plus motor vehicles, trailers, and mobile homes registered with the Secretary of State. The bill updates the small estate affidavit form to reflect these changes and specifies that the new provisions apply to decedents whose date of death is on or after the effective date of the amendment. This change aims to streamline the process for transferring smaller estates, making it easier and potentially less expensive for families to handle a deceased person's assets without going through a full probate proceeding.
Committee Categories
Justice
Sponsors (1)
Last Action
House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2919&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| House Amendment 001 | https://www.ilga.gov/legislation/104/HB/10400HB2919ham001.htm |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB2919.htm |
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