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HB 2919

SMALL ESTATE AFFIDAVIT

104th Regular Session Introduced by Jackie Haas

Expands small estate use to $150,000 total (including vehicles) and allows vehicle title transfers via the affidavit, with creditor protections retained.

House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
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Bill Summary · HB 2919

Summary — HB 2919 (Small Estate Affidavit) — Illinois (with note about mixed document content)

Note: The provided document appears to include material from two different HB 2919 bills (an Arizona budget-related bill and an Illinois probate bill). This summary focuses on the SMALL ESTATE AFFIDAVIT provisions that amend the Illinois Probate Act of 1975 (755 ILCS 5/25‑1), the subject identified by the bill title and by the text and amendment package filed by Rep. Jackie Haas (introduced 2/6/2025).

Main purpose

To expand and clarify when a small estate affidavit may be used to transfer a decedent’s personal property, including motor vehicles, trailers, and mobile homes, and to raise the dollar threshold of personal property qualifying for the small‑estate procedure.

Key provisions

  • Eligibility conditions
    • A small estate affidavit may be used only if no letters of office for the decedent’s estate are outstanding and no petition for letters is pending or contemplated in any jurisdiction.
  • Property scope and dollar threshold
    • The decedent’s personal estate that may pass via a small estate affidavit is limited to tangible and intangible personal property (excluding motor vehicles, trailers, mobile homes) with a gross value not exceeding $150,000 (previously $100,000 in the form text).
    • Motor vehicles, trailers, and mobile homes registered with the Secretary of State are expressly included as items that can be transferred using the affidavit.
  • Title transactions for vehicles
    • House Amendment 001 clarifies that if the affidavit is used solely to effect a title transaction with the Secretary of State for a decedent’s motor vehicle, trailer, or mobile home, that transaction may occur under Section 3‑114 of the Illinois Vehicle Code without regard to the value of the decedent’s personal estate.
  • Form changes
    • The statutory small estate affidavit form is updated to reflect the new $150,000 threshold and to require descriptive information for vehicles (make, body type, year, VIN).
  • Creditor protections and procedure
    • The affidavit procedure retains provisions requiring disclosure/listing of known debts and asserting that claims must be paid in statutorily ordered classes before distributions; affiants acknowledge understanding of priority and pro rata treatment where applicable.
  • Effective date
    • The amendatory act applies to decedents whose date of death is on or after the effective date; the bill states it is effective immediately upon enactment.

Who is affected

  • Heirs and legatees of small estates (more estates may now qualify due to the raised threshold)
  • Financial institutions, registrars/transfer agents, and entities holding decedent property, who may rely on properly executed affidavits to transfer assets
  • Illinois Secretary of State (vehicle title transactions)
  • Probate courts and creditors (procedural expectations and creditor notification/priority rules remain relevant)

Potential impact

  • Simplifies and expedites transfer of modest-value estates and vehicle title transfers by avoiding formal probate when conditions are met.
  • Expands eligibility via the higher $150,000 cap and by expressly accommodating vehicle/trailer/mobile‑home title transfers even where vehicle values might otherwise push totals above the cap.
  • Maintains creditor protections by requiring listing/payment of known claims in statutory order before distribution.

Legislative status (selected actions)

  • Introduced 2/6/2025 by Rep. Jackie Haas (IL)
  • House Amendment 001 filed 3/10/2025 (adds vehicle/title clarifications and increases threshold language)
  • Amendment referred to Rules; multiple committee referrals and readings recorded in Feb–Mar 2025.

If you want, I can produce a side‑by‑side of the current statutory language vs. the bill’s changes, or a short plain‑language checklist for executors/affiants on using the updated small estate affidavit.

Compiled from official sources — confirm details with the bill’s official record.

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