Legal Question in Wills and Trusts in Illinois

You probably do not need to go through the Courts. You should consult with an attorney regarding the preparation of a "Small Estate Affidavit" which is what the banks are looking for. The "Affidavit" is used as a substitute for going through the Courts, but it can only be used in small estates. From your description, you are probably eligible to use that kind of an "Affidavit."

Feel free to call me to discuss this further. I won't charge for the phone call.

Assuming that there is no real estate involved and the value of her estate is truly less than $100,000, a small estate affidavit should be sufficient. I would recommend you speak with an attorney who can help you determine whether a small estate affidavit is all that you need and help you prepare one. If you need any help, please feel free to call or e-mail me.

If you use a small estate affidavit that would be done instead of going through the courts. You would simply prepare the affidavit and present it to the banks. You are not required to use a lawyer to assist you, but it may be advisable.

There are other requirements for using the Small Estate Affidavit besides the size of the estate being under $100,000. Whoever you hire will likely not be very costly. But there are certain steps you need to take such as obtaining a certified copy of the will. For the few dollars it will cost you, better not to screw it up by trying it on your own.

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