Bill Text: IL HB2919 | 2025-2026 | 104th General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-06 - Referred to Rules Committee [HB2919 Detail]

Download: Illinois-2025-HB2919-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2919 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
755 ILCS 5/25-1 from Ch. 110 1/2, par. 25-1
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.
LRB104 11047 JRC 21129 b
A BILL FOR
HB2919 LRB104 11047 JRC 21129 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Section 25-1 as follows:
(755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1)
Sec. 25-1. Payment or delivery of small estate of decedent
upon affidavit.
(a) When any person, corporation, or financial institution
(1) indebted to or holding personal estate of a decedent, (2)
controlling the right of access to decedent's safe deposit box
or (3) acting as registrar or transfer agent of any evidence of
interest, indebtedness, property or right is furnished with a
small estate affidavit in substantially the form hereinafter
set forth, that person, corporation, or financial institution
shall pay the indebtedness, grant access to the safe deposit
box, deliver the personal estate or transfer or issue the
evidence of interest, indebtedness, property or right to
persons and in the manner specified in the affidavit or to an
agent appointed as hereinafter set forth.
(a-5) The small estate affidavit set forth in subsection
(b) may be used to transfer personal property in a decedent's
estate if:

HB2919 - 2 - LRB104 11047 JRC 21129 b
(1) no letters of office are outstanding on the
decedent's estate and no petition for letters is
contemplated or pending in this 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:
(A) excluding motor vehicles registered with the
Secretary of State, tangible and intangible personal
property not exceeding $150,000; and
(B) motor vehicles, trailers, and mobile homes
registered with the Secretary of State.
(b) Small Estate Affidavit
I, (name of affiant) , on oath state:
1. (a) My post office address is: ;
(b) My residence address is: ; and
(c) I understand that, if I am an out-of-state
resident, I submit myself to the jurisdiction of Illinois
courts for all matters related to the preparation and use of
this affidavit. My agent for service of process in Illinois
is:
NAME..........................
ADDRESS.......................
CITY..........................
TELEPHONE (IF ANY)............
I understand that if no person is named above as my agent for
service or, if for any reason, service on the named person

HB2919 - 3 - LRB104 11047 JRC 21129 b
cannot be effectuated, the clerk of the circuit court of
......(County) (Judicial Circuit) Illinois is recognized by
Illinois law as my agent for service of process.
2. The decedent's name is ;
3. The date of the decedent's death was , and I
have attached a copy of the death certificate hereto.
4. The decedent's place of residence immediately before
his death was ;
5. No letters of office are now outstanding on the
decedent's estate and no petition for letters is contemplated
or pending in Illinois or in any other jurisdiction, to my
knowledge;
6. Excluding motor vehicles, trailers, and mobile homes
registered with the Secretary of State, the decedent's entire
personal estate The gross value of the decedent's entire
personal estate, including the value of all property passing
to any party either by intestacy or under a will, does not
exceed $150,000 $100,000. (Here, list each asset, e.g., cash,
stock, and its fair market value.);
7. (a) All of the decedent's funeral expenses and other
debts have been paid, or
(b) All of the decedent's known unpaid debts are listed
and classified as follows (include the name, post office
address, and amount):
Class 1: funeral and burial expenses, which include
reasonable amounts paid for a burial space, crypt, or

HB2919 - 4 - LRB104 11047 JRC 21129 b
niche; a marker on the burial space; and care of the burial
space, crypt, or niche; expenses of administration; and
statutory custodial claims as follows:
.........................................................
Class 2: the surviving spouse's award or child's award, if
applicable, as follows:
.........................................................
Class 3: debts due the United States, as follows:
.........................................................
Class 4: money due employees of the decedent of not more
than $800 for each claimant for services rendered within 4
months prior to the decedent's death and expenses
attending the last illness, as follows:
.........................................................
Class 5: money and property received or held in trust by
the decedent which cannot be identified or traced, as
follows:
.........................................................
Class 6: debts due the State of Illinois and any county,
township, city, town, village, or school district located
within Illinois, as follows:
.........................................................
Class 7: all other claims, as follows:
................................
(Strike either 7(a) or 7(b)).
7.5. I understand that all valid claims against the

HB2919 - 5 - LRB104 11047 JRC 21129 b
decedent's estate described in paragraph 7 must be paid by me
from the decedent's estate before any distribution is made to
any heir or legatee. I further understand that the decedent's
estate should pay all claims in the order set forth above, and
if the decedent's estate is insufficient to pay the claims in
any one class, the claims in that class shall be paid pro rata.
8. There is no known unpaid claimant or contested claim
against the decedent, except as stated in paragraph 7.
9. (a) The names and places of residence of any surviving
spouse, minor children and adult dependent* children of the
decedent are as follows:
Name and Place of Age of
Relationship Residence minor child
*(Note: An adult dependent child is one who is unable to
maintain himself and is likely to become a public charge.)
(b) The award allowable to the surviving spouse of a
decedent who was an Illinois resident is $.......... ($20,000,
plus $10,000 multiplied by the number of minor children and
adult dependent children who resided with the surviving spouse
at the time of the decedent's death. If any such child did not
reside with the surviving spouse at the time of the decedent's
death, so indicate).
(c) If there is no surviving spouse, the award allowable
to the minor children and adult dependent children of a
decedent who was an Illinois resident is $.......... ($20,000,

HB2919 - 6 - LRB104 11047 JRC 21129 b
plus $10,000 multiplied by the number of minor children and
adult dependent children), to be divided among them in equal
shares.
10. (a) The decedent left no will. The names, places of
residence and relationships of the decedent's heirs, and the
portion of the estate to which each heir is entitled under the
law where decedent died intestate are as follows:
Name, relationship Age of Portion of
and place of residence minor Estate
OR
(b) The decedent left a will, which has been filed with the
clerk of an 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 admittable 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:
Name, relationship Age of Portion of
and place of residence minor Estate
(Strike either 10(a) or 10(b)).
(c) Affiant is unaware of any dispute or potential
conflict as to the heirship or will of the decedent.
10.3. My relationship to the decedent or the decedent's
estate is as follows:....................................

HB2919 - 7 - LRB104 11047 JRC 21129 b
10.5. (The following paragraph should appear in bold type
and in not less than 14-point font):
I understand that the decedent's estate must be
distributed first to satisfy claims against the decedent's
estate as set forth in paragraph 7.5 of this affidavit
before any distribution is made to any heir or legatee. By
signing this affidavit, I agree to indemnify and hold
harmless all creditors of the decedent's estate, the
decedent's heirs and legatees, and other persons,
corporations, or financial institutions relying upon this
affidavit who incur any loss because of reliance on this
affidavit, up to the amount lost because of any act or
omission by me. I further understand that any person,
corporation, or financial institution recovering under
this indemnification provision shall be entitled to
reasonable attorney's fees and the expenses of recovery.
11. After payment by me from the decedent's estate of all
debts and expenses listed in paragraph 7, any remaining
property described in paragraph 6 of this affidavit should be
distributed as follows:
Name Specific sum or property to be distributed
The foregoing statement is made under the penalties of
perjury*.

HB2919 - 8 - LRB104 11047 JRC 21129 b
.........................
Signature of Affiant
Signed and sworn before me on (insert date).
.........................
Notary Public
*(Note: A fraudulent statement made under the penalties of
perjury is perjury, as defined in Section 32-2 of the Criminal
Code of 2012.)
(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, the affiant under the small estate affidavit may in
writing appoint one or more persons as the affiant's agent for
that purpose. The agent shall have power, without court
approval, to gain access to, sell, and distribute the property
in the manner specified in paragraphs 7.5 and 11 of the
affidavit; and the payment, delivery, transfer, access or
issuance shall be made or granted to or on the order of the
agent. The affiant may appoint himself or herself as the
designated representative to exercise the powers and perform
the duties of an agent described in this subsection (c).
(d) Reliance and Release. Any person, corporation, or
financial institution who acts in good faith reliance on a
copy of a document purporting to be a small estate affidavit
that is substantially in compliance with subsection (b) of

HB2919 - 9 - LRB104 11047 JRC 21129 b
this Section shall be fully protected and released upon
payment, delivery, transfer, access or issuance pursuant to
such a document 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, corporation, or
financial institution is not required to see to the
application or disposition of the property; but each person to
whom a payment, delivery, transfer, access or issuance is made
or given is answerable therefor to any person having a prior
right and is accountable to any representative of the estate.
(e) Distributions pursuant to an affidavit substantially
in the form set forth in subsection (b) of this Section may be
made to the affiant, if so specified in paragraph 11,
notwithstanding the disclosure of known unpaid debts. The
affiant, acting on behalf of the decedent's estate, is
obligated to pay all valid claims against the decedent's
estate before any distribution is made to any heir or legatee.
The affiant signing the small estate affidavit prepared
pursuant to subsection (b) of this Section shall indemnify and
hold harmless all creditors, heirs, and legatees of the
decedent and other persons, corporations, or financial
institutions relying 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, corporation, or financial institution recovering under
this subsection (e) shall be entitled to reasonable attorney's

HB2919 - 10 - LRB104 11047 JRC 21129 b
fees and the expenses of recovery.
(f) The affiant of a small estate affidavit who is a
non-resident of Illinois submits himself 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 whom
the affiant names as his agent for 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 death shall be the agent for
service of process.
(g) Any action properly taken under this Section, as
amended by Public Act 93-877, on or after August 6, 2004 (the
effective date of Public Act 93-877) is valid regardless of
the date of death of the decedent.
(h) The changes made by this amendatory Act of the 96th
General Assembly apply to a decedent whose date of death is on
or after the effective date of this amendatory Act of the 96th
General Assembly.
(i) The changes made by this amendatory Act of the 98th
General Assembly apply to a decedent whose date of death is on
or after the effective date of this amendatory Act of the 98th
General Assembly.
(j) The changes made by this amendatory Act of the 104th
General Assembly apply to a decedent whose date of death is on

HB2919 - 11 - LRB104 11047 JRC 21129 b
or after the effective date of this amendatory Act of the 104th
General Assembly.
(Source: P.A. 97-1150, eff. 1-25-13; 98-836, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.