Fillable Small Estate Affidavit - Kendall County (Page 2 of 2) in pdf

(10)  (a) The decedent left no will. The names, places of residence and relationship of the decedent’s heirs, and the portion of the estate

to which each heir is entitled under the law where the decedent died interstate are as follows:

OR  (b) The decedent left a will, which has been filed with the Clerk of the appropriate court. A certified copy of the will on file is

attached. To the best of my knowledge and belief the will on file is the decedent’s last will and was signed by the decedent and the

attesting witnesses as required by law and would be admissible to probate. The names and places of residence of the legatees and

the portion of the estate, if any, to which each legatee is entitled are as follows:

(check either paragraph (a) or (b))

NAME, RELATIONSHIP, & PLACE OF RESIDENCE

AGE OF MINOR CHILD PORTION OF THE ESTATE

_____________________________________________________ _____________________ ______________________________

(11) The property described in paragraph 6 of this affidavit should be distributed as follows:

NAME

SPECIFIC SUM OR PROPERTY TO BE DISTRIBUTED

_____________________________________________________ ____________________________________________________

The forgoing statement is made under the penalties of perjury.*

______________________________________________________

Signature of Affiant

(*Note: A fraudulent statement made under the penalties of perjury is perjury as defined in section 32-2 of the Criminal Code of 1961)

(c)

Appointment of Agent. If safe deposit access is involved or if sale of any personal property is desirable to facilitate distribution

pursuant to the small estate affidavit, all persons named in paragraph 11 of the small estate affidavit (excluding minors and unascertained

or disabled persons) may in writing appoint one or more persons as their agent for the purpose. The agent shall have power without court

approval, to gain access to, sell, and distribute the property for the benefit of all persons named in paragraph 11 of the affidavit; the

payment, delivery, transfer, access or issuance shall be made or granted to or on the order of the agent.

(d)

Release. Upon payment, delivery, transfer, access or issuance pursuant to a properly executed affidavit, the person or the

corporation is released 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 or corporation is not required to see the application or the disposition of the property; but each

person to whom a payment, delivery, transfer, access or issuance is made or given is answerable therefore to any representative of the

estate.

(e)

The affiant signing the small estate affidavit prepared pursuant to subsection (b) of this Section shall indemnify and hold harmless

all creditors and heirs of the decedent and other person replying 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 recovering under this

subsection (e) shall be entitled to reasonable attorney’s fees and the expenses of recovery.

(f)

The affiant of the small estate affidavit who is a non-resident of Illinois submits herself or herself to the jurisdiction of Illinois courts

for all matters related to the preparation or use of the affidavit. The affidavit shall provide the name, address and phone number of a

person who the affiant names as his/her agent for the service of process. If no such person is named or if, for any reason, service on the

named person cannot be effectuated, the Clerk of the Circuit Court of the County or Judicial Circuit of which the decedent was a resident

at the time of his/her death shall be the agent for the service of process.

Rev. 08/16

CC6-2

Page 2 of 2

Small Estate Affidavit - Kendall County Page 2