Fabio
8.0 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
| type | title | description | jurisdiction | legislature | session | identifier | citation | classification | subjects | status | primary_sponsors | version_count | action_count | vote_count | first_action | last_action | source | source_identifier | source_url | source_hash | vintage | source_snapshot | retrieved_at | confidence | tags | ||||
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| Bill | PROBATE-SMALL ESTATE AFFIDAVIT | Amends the Probate Act of 1975. Requires a person executing a small estate affidavit to list and classify the debts of the decedent. Provides that all valid claims against the decedent's estate must be paid before any distribution is made to any heir or legatee. Provides that the decedent's estate should pay all claims in the order set forth in the listed classifications, and if the decedent's estate is insufficient to pay the claims in any one class, the claims in that class shall be paid pro rata. Requires the affiant to describe his or her relationship to the decedent or decedent's estate. Requires the affiant to agree to indemnify and hold harmless persons and entities who incur any loss because of reliance on the affidavit, up to the amount lost because of any act or omission by the affiant. Requires the affiant to state that any person, corporation, or financial institution recovering under the new provisions shall be entitled to reasonable attorney's fees and the expenses of recovery. Provides that the small estate affidavit shall be notarized. Provides that parties that act in good faith reliance on a copy of a document purporting to be a small estate affidavit shall be fully protected and released upon fulfillment of requirements under such a document to the same extent as if the party had been complying with requests of the representative of the estate. Provides that distributions pursuant to an affidavit may be made to the affiant notwithstanding the disclosure of known unpaid debts. Provides that the affiant (instead of other specified persons) may in writing appoint one or more persons, or himself or herself, to access the safe deposit box of a decedent. Adds applicability language. Makes corresponding changes. Amends the Safety Deposit Box Opening Act. Provides that the lessor of a safety deposit box shall not open the box in accordance with the Act if the lessor has received a copy of a small estate affidavit. Provides that the lessor shall authorize a representative of a decedent's estate or a person designated in a small estate affidavit, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents. | us/states/il | Illinois General Assembly | 98th | SB 2985 | Illinois SB 2985 (98th) |
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enacted | 3 | 25 | 2 | 2014-02-04 | 2014-08-01 | openstates | ocd-bill/b94c18e0-2362-4f76-98bb-431c43e2d8d8 | http://ilga.gov/legislation/BillStatus.asp?DocNum=2985&GAID=12&DocTypeID=SB&LegId=79229&SessionID=85&GA=98 | e64711cce2e9d14b3b1c7b71359ec8d9bda91be7afe7ccba675db96082b19190 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Illinois SB 2985 (98th) — PROBATE-SMALL ESTATE AFFIDAVIT
Amends the Probate Act of 1975. Requires a person executing a small estate affidavit to list and classify the debts of the decedent. Provides that all valid claims against the decedent's estate must be paid before any distribution is made to any heir or legatee. Provides that the decedent's estate should pay all claims in the order set forth in the listed classifications, and if the decedent's estate is insufficient to pay the claims in any one class, the claims in that class shall be paid pro rata. Requires the affiant to describe his or her relationship to the decedent or decedent's estate. Requires the affiant to agree to indemnify and hold harmless persons and entities who incur any loss because of reliance on the affidavit, up to the amount lost because of any act or omission by the affiant. Requires the affiant to state that any person, corporation, or financial institution recovering under the new provisions shall be entitled to reasonable attorney's fees and the expenses of recovery. Provides that the small estate affidavit shall be notarized. Provides that parties that act in good faith reliance on a copy of a document purporting to be a small estate affidavit shall be fully protected and released upon fulfillment of requirements under such a document to the same extent as if the party had been complying with requests of the representative of the estate. Provides that distributions pursuant to an affidavit may be made to the affiant notwithstanding the disclosure of known unpaid debts. Provides that the affiant (instead of other specified persons) may in writing appoint one or more persons, or himself or herself, to access the safe deposit box of a decedent. Adds applicability language. Makes corresponding changes. Amends the Safety Deposit Box Opening Act. Provides that the lessor of a safety deposit box shall not open the box in accordance with the Act if the lessor has received a copy of a small estate affidavit. Provides that the lessor shall authorize a representative of a decedent's estate or a person designated in a small estate affidavit, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Votes
- Third Reading — 102–0 (pass) · lower
- Third Reading — 57–0 (pass) · upper
Sponsors
- Anthony DeLuca — cosponsor (person)
- Tim Bivins — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2014-02-04 Filed with Secretary by Sen. Tim Bivins
filing - 2014-02-04 First Reading
reading-1 - 2014-02-04 Referred to Assignments
referral-committee - 2014-02-19 Assigned to Judiciary
referral-committee - 2014-02-26 Do Pass Judiciary; 010-000-000
committee-passage - 2014-02-26 Placed on Calendar Order of 2nd Reading February 27, 2014
- 2014-03-04 Second Reading
reading-2 - 2014-03-04 Placed on Calendar Order of 3rd Reading March 5, 2014
- 2014-04-02 Third Reading - Passed; 057-000-000
reading-3, passage - 2014-04-03 Arrived in House
introduction - 2014-04-03 Chief House Sponsor Rep. Tom Demmer
- 2014-04-03 First Reading
reading-1 - 2014-04-03 Referred to Rules Committee
referral-committee - 2014-04-23 Assigned to Judiciary
referral-committee - 2014-04-30 Do Pass / Short Debate Judiciary; 015-000-000
committee-passage - 2014-04-30 Placed on Calendar 2nd Reading - Short Debate
- 2014-05-07 Second Reading - Short Debate
reading-2 - 2014-05-07 Placed on Calendar Order of 3rd Reading - Short Debate
- 2014-05-07 Added Alternate Co-Sponsor Rep. Anthony DeLuca
- 2014-05-09 Third Reading - Short Debate - Passed 102-000-000
reading-3, passage - 2014-05-09 Passed Both Houses
- 2014-06-06 Sent to the Governor
executive-receipt - 2014-08-01 Governor Approved
executive-signature - 2014-08-01 Effective Date January 1, 2015
- 2014-08-01 Public Act . . . . . . . . . 98-0836
became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/b94c18e0-2362-4f76-98bb-431c43e2d8d8. Confidence: reported (aggregated from official Illinois legislature records).