HB 3693

Abstract

Amends the Probate Act of 1975. Provides that the small estate affidavit form must include a statement that Illinois law provides that persons are entitled to preference in the following order to prepare a small estate affidavit: surviving spouse; children; grandchildren; parents; brothers and sisters; nearest kindred; and the public administrator. Provides that the affiant must state which of these apply: no heir of the decedent has a superior preference to prepare the small estate affidavit; the heir with an identical or superior preference to prepare the affidavit has declined or refused to do so; or there is a reason that the affiant has prepared the affidavit rather than the person with an equal or superior preference. Requires that the affidavit include a notice stating that if several persons are claiming the right to prepare a small estate affidavit, a court may determine which one shall be entitled to do so. Provides that a person completing a small estate affidavit shall comply with these requirements included in the affidavit form.