IL SB0664 | 2015-2016 | 99th General Assembly

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 28 2015 - 25% progression, died in committee
Action: 2015-03-27 - Rule 3-9(a) / Re-referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Probate Act of 1975. Provides that the terms of a guardianship account established on behalf of a minor at a financial institution must provide for compliance with court orders regarding the establishment and management of the account, and imposes certain other duties upon financial institutions. Provides that an entity may not act under the direction of a small estate affidavit unless the affiant, or his or her agent, has first presented the affidavit before a judge and obtained a court order granting access. Provides that if there is a surviving spouse, but the surviving spouse is not the affiant, the affiant must state the reason that the affiant, rather than the surviving spouse, has prepared the small estate affidavit. Provides that an affidavit not prepared by a surviving spouse must include a notarized statement, signed by the surviving spouse and witnessed by 2 persons unrelated to the affiant, stating that the surviving spouse declines to prepare the affidavit. Provides that if the reason for the surviving spouse's inability to prepare the affidavit is medically related, a letter from the surviving spouse's physician should be attached attesting to the medical condition that makes the surviving spouse unable to complete the affidavit. Provides that if there is no surviving spouse and there is one or more minor child, the affiant must be a court-appointed guardian for one or more of the children. Provides that if the surviving spouse is the affiant, he or she shall affirm that he or she was not separated from the decedent. Makes other changes.

Tracking Information

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Title

PROBATE-SMALL ESTATE AFFIDAVIT

Sponsors


History

DateChamberAction
2015-03-27SenateRule 3-9(a) / Re-referred to Assignments
2015-03-11SenatePostponed - Judiciary
2015-03-10SenateSenate Committee Amendment No. 1 Adopted
2015-03-03SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
2015-02-20SenateSenate Committee Amendment No. 1 Referred to Assignments
2015-02-20SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
2015-02-11SenateAssigned to Judiciary
2015-01-28SenateReferred to Assignments
2015-01-28SenateFirst Reading
2015-01-28SenateFiled with Secretary by Sen. Heather A. Steans

Code Citations

ChapterArticleSectionCitation TypeStatute Text
755511-13.4New CodeSee Bill Text
755525-1Amended CodeCitation Text

Illinois State Sources


Bill Comments

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