Small Estate Affidavit {DEK-SEA}

SMALL ESTATE AFFIDAVIT. This form is used in the Circuit Court of DeKalb County, Illinois, to facilitate the transfer of a deceased person's personal property without the need for formal probate proceedings, provided the total value of the estate does not exceed $100,000. This form is typically completed by a relative, heir, or representative of the decedent (called the affiant), who affirms under oath that they have the legal authority to collect and distribute the decedent’s assets. The affidavit includes detailed information about the affiant, the decedent (including their death date and last residence), and the estate’s contents. It confirms that no probate proceedings (such as letters of office) are pending, that all known debts and funeral expenses are either paid or clearly listed, and that the estate qualifies as a “small estate” under Illinois law. The affiant also lists the decedent’s heirs or legatees, whether the decedent left a will or died intestate, and how the property is to be distributed. If a will exists, a copy must be attached. The affidavit is legally binding and must be notarized. It allows financial institutions, businesses, and other third parties to release property (like bank accounts or personal effects) to the rightful recipients without court supervision. The affiant assumes responsibility for ensuring debts are paid before distributing the remaining assets and agrees to indemnify others relying on the affidavit if any loss occurs due to misstatements or omissions. www.FormsWorkflow.com