Legal Question in Wills and Trusts in Illinois
Small Estate Affidavits and Executorship
A person dies and their estate is settled via a Small Estate Affidavit, the will is filed with the county but no letters of testementary are filed. Checks continue to arrive made out to the estate. Can the person named as executor in the will endorse checks as executor of the estate or should the checks be dealt with through the small estate affidavit?
1 Answer from Attorneys
Re: Small Estate Affidavits and Executorship
Yes the matter can be handled through the Small Estates Affidavit if the total value of the estate in the decedent's name was $50,000.00 or less. Assuming that to be true, again the answer is yes, but the checks are probably indicative of an underlying asset. It is those assets that need to be dealth with and along with the checks. Once the title to the asset is changed the checks will start coming in the name of the new owner, but when you change the title to the asset you can have the checks reissued.
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