SB 664 Illinois Senate · 99th Regular Session

PROBATE-SMALL ESTATE AFFIDAVIT

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.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2015
Committee Review
Floor Vote
Governor
Introduced Jan 28, 2015 Last action Jan 10, 2017
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
11
Key actions
0
Committee
5
Amendments
2
Jan 10, 2017
Senate · Failed
Session Sine Die
Mar 27, 2015
Senate · Referred to committee
Rule 3-9(a) / Re-referred to Assignments
Mar 10, 2015
Senate · Amendment adopted
Senate Committee Amendment No. 1 Adopted
Mar 3, 2015
Senate · Reported by committee
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
Feb 20, 2015
Senate · Referred to committee
Senate Committee Amendment No. 1 Referred to Assignments
Feb 20, 2015
Senate · Amendment offered
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
Feb 11, 2015
Senate · Referred to committee
Assigned to Judiciary
Jan 28, 2015
Senate · Referred to committee
Referred to Assignments
0 primary · 1 co-sponsor

Sponsors

Role
Legislator
Party
State
District
Co
Photo of Heather A. Steans
Heather A. Steans
DDemocratic
IL
7