Any affiant who can make the statutory form's statements — usable only when no letters of office are outstanding on the decedent's estate, no petition for letters is contemplated or pending in Illinois or any other jurisdiction, and the personal estate passing by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 (excluding registered motor vehicles) plus motor vehicles registered with the Secretary of State. A non-resident affiant submits to Illinois jurisdiction and must name an agent for service of process755 ILCS 5/25-1(a-5), (f)Verified Sep 8, 2026View source.

The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.

Directly from the institution, on its claim form, with the death certificate and the beneficiary's identification. The policy or account passes outside the estate and does not wait for probate. The letter of instruction is addressed to the specific insurer or bank and follows its published document list.

In most states, yes, when the estate is under the state's small estate limit and the waiting period after the death has passed. The heir presents the small estate affidavit to the bank or other holder of the property. The builder checks the estate against your state's limit before it produces the document.