Legal Question in Wills and Trusts in Illinois

You cannot transfer the title on the real estate using a Small Estate Affidavit. You need to file a probate action. You can call me at 312-372-5600 for assistance with both of those things.

You can most likely transfer the bank account by use of a small estate affidavit. If the house was in joint tenancy it would not be a part of the estate. However, to be sure, you should have an attorney review the deed. Good luck to you.

My advice is to obtain an Illinois Small Estate Affidavit (forms are available many places on the internet, Cook County Clerk of the Court Dorothy Brown's website has a form in the Probate section), read the form for familiarity and then work with the bank to present the completed form. Some banks have their own version of the form they want you to use. You should be able to work this out without an attorney.