Legal Question in Wills and Trusts in Illinois

Hello Ms. Barnes: Please call me at 312-372-5600 to discuss. Thanks, Elfreda Dockery

I am sorry for your loss. If the value of the personal estate is less than $100,000.00, you should be able to utilize the Small Estate Affidavit. Check back with the bank's representatives as there is some likelihood you are simply receiving the stock answer from a bank representative that is different from the one who you spoke with before. In my experience, only a small percentage of bank employees bring up the small estate processes. Most refer immediately to the need for Letters of Office through the formal probate process.

Dear Ms. Barnes,

To use a small estate affidavit the entire decedent's estate passing through probate must be under $100,000. It may be the case that the bank has learned the assets are greater than that. If that is not the case, then they are under a mistaken presumption that a letter of office is needed instead of a small estate affidavit. I will caution you regarding the use of a small estate affidavit as it brings on personal liability that you may want to avoid. I highly encourage you to speak to an attorney before taking any further steps.

You may have a better experience with your situation if you find a smaller community type bank (not a Chase or BOA satellite) where the banker you talk to can listen to you and help you. It appears you have the right solution, it was recommended to you by the bank, and now they want you to go to court at great inconvenience and expense when that simply isn't necessary.