Table of Contents:
- How to Fill Out a Small Estate Affidavit in Indiana
- How to Fill Out an Illinois Small Estate Affidavit
File the will with an Indiana county court. You are required to file with the Indiana court clerk. To do so, you are required to present the deceased's will and original documents to certify they are the true copies. You will be handed the affidavit form which you will be required to fill out.
Fill in the Indiana small estate affidavit form. Once you have obtained the form, you are required to duly fill in the details as indicated. All the information provided should be correct. Failure to do so could lead to being prosecuted for providing false information. Complete every feature in the affidavit. If the field does not apply, indicate 'none'. For more assistance, the clerk will assist by providing the necessary guidelines. You are also required to provide a verifiable signature at the bottom of the affidavit form (see ref 3).
Indicate all the required personal details about the deceased person. Provide the full names of the deceased, gender, age and date of demise. Include his/her mailing address, telephone contacts and the contact person. Indicate any surviving family members of the deceased, including a spouse, children or close relatives. As indicated in the will, describe how the property will be distributed and who the beneficiaries are.
Attach the death certificate from the deceased. To complete the procedure, attach a copy of the death certificate. A clerk needs to see the original copy first. Also, attach a copy of the certified will and a copy of the Small Estate Affidavit Form. Present these to the person holding the wealth of the deceased or use the services of a lawyer (see ref 2). You can use personal delivery or mail them to all the individuals who are named on the affidavit dorm. Leave a copy of all these documents at the respective Indiana county court and pay the required filling fees.
Take possession of the estate in accordance with Indiana legal guidelines. After 30 days of filing the affidavit, if there is no legal response from dissenting parties, the affiant may take possession of property as indicated in the affidavit. In case there is disagreement among the people named in a will, Indiana county legal guidelines advise all parties to go to a court clerk and follow stipulated legal procedures in addressing issues of concern. The affiant is also responsible for paying the taxes and all estate-related expenditures once the court makes the final decision.
A typical probate case in Illinois takes between six and 12 months to complete, but some can take much longer due to complications or individual complexities. Smaller estates may have a faster option. If the estate value is less than $100,000, a small estate affidavit can be used to transfer the decedent's property to his beneficiaries without having to go through the formal probate process. Unlike other probate forms, the small estate affidavit is not filed with the court but is instead provided to third parties that hold the decedent's assets.
Review the decedent's will and determine if his assets are worth less than $100,000. Check if there are any complexities involved in the case that may make the small estate affidavit inappropriate to use, such as having unpaid funeral expenses, unpaid creditors, minor beneficiaries, disabled beneficiaries or unknown assets. Avoid using the small estate affidavit if the will is likely to be challenged or if probate proceedings have already been initiated.
Download the Form
Download the small estate affidavit form. You can also request the form from the probate court's clerk. The content is dictated by state law, so you'll need the form.
Fill Out the Form
Go through the form, line by line. Include your name, address and service of process information on the appropriate lines. This indicates who you're going to deliver the affidavit to, the individual or business entity that's holding the decedent's property. Write the decedent's name, his address before death, and the time and date of death on the appropriate lines.
Now list the assets that the decedent owned at the time of his death. This information goes on line 6 of the affidavit. List the item's fair market value beside each asset.
If you decide to use a small estate affidavit despite the decedent owing debts, list the decedent's debts on line 7 of the affidavit. For example, list any outstanding funeral debts beside Class 1 and debts owed to the state of Illinois beside Class 6.
Write down the names of the decedent's spouse and dependent children. Compute the amount that is allowable to these surviving beneficiaries, which is $20,000 for the surviving spouse and $10,000 each for the dependent children who resided with the decedent at the time of his death. List the names of the beneficiaries and their respective shares on line 10(b) if the decedent had a will. If the decedent didn't leave a will, list the decedent's rightful heirs and the portion of the estate that they are entitled to under Illinois' laws of intestacy.
Notarize and Attach the Affidavit
Sign the affidavit in front of a notary public. Attach the death certificate
Make honest statements and ensure that the answers are correct on the affidavit. You must swear under oath that the facts you provide are accurate. You can be held personally liable for making errors or omissions, even if they were made in good faith.