House Bill 25

(Flowers, D-Chicago) and House Bill 162 (Chapia LaVia, D-Aurora) makes a number of changes to the Small Estate Affidavit statute. (1) Requires that the affidavit state that the burial and funeral expenses, medical bills, credit card bills, and real property taxes (instead of funeral expenses) have been or remain to be paid. (2) Makes a number of changes if there is a surviving spouse as follows. (a) If there is a surviving spouse, and the surviving spouse is unable to prepare the small estate affidavit or has declined to do so, the affiant must state the reason that the affiant has prepared the small estate affidavit rather than the surviving spouse. (b) 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 that effect. (c) If the surviving spouse is the affiant, he or she shall affirm that he or she was not separated from the decedent (3) If there is no surviving spouse and there is one or more minor children, the affiant must be a court-appointed guardian for one or more of the children. Referred to House Rules Committee.