Legal Question in Wills and Trusts in Illinois

In a Small Estate Affidavit in Illinois, can a property (condo) be included in the personal estate?


Asked on 6/27/16, 11:51 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

Almost certainly NO. A small estate affidavit is used to transfer tangible and intangible personal property (personal property as opposed to real estate property). Unless the title to the real estate were in a trust, the real estate is not "personal property" and the small estate affidavit will be unavailable. It is likely a probate proceeding will be needed to transfer title to the condo to the appropriate heirs or beneficiaries.

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Answered on 6/27/16, 12:00 pm
Henry Repay Law Offices of Henry Repay

I am sorry for your loss. No, the interest in the condominium is a real estate interest. It would not typically be transferable through a small estate affidavit.

That said, if it is truly a small estate situation, simple, then it is worth having an attorney evaluate the situation and work with a title company to determine whether title is insurable without going through probate. Whether that is possible depends on the background, including the amount of time that has passed since the owner passed. Sometimes, title companies will not insure, sometimes they will do so at an additional premium and sometimes they will do so without any additional premium. You will need an attorney, whether it is to prepare an affidavit and some related documents for the title transfer or to proceed with probate.

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Answered on 6/27/16, 12:24 pm


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