Use of the small estate affidavit requires that the entire estate be under $100,000.00 AND that there be NO REAL ESTATE involved. Additional requirements are: Probate proceedings have not taken place and are not contemplated; All funeral expenses are paid; No known unpaid creditors or contested claims against decedent (your dad herein) and no will was left or if one was left, it has been filed w/the Clerk of the Circuit court. Because there is real estate involved a small estate affidavit is not the appropriate vehicle to use...even though the total amount of the estate (under $100,000.00) meets the threshold criteria for the small estate affidavit. Probate court, although costly, maybe your best alternative (but see last paragraph below). The probate lawyer will make sure notice of the probated estate is published so that the estranged child and any unknown creditors are provided notice. You did not state definitely what you all wanted to do with the house, so I will give you two possibilities: 1) If you sale the house, the proceeds - after payment to creditors - will be split between remaining heirs. The estranged child's portion will be deposited by the probate attorney with the Cook County Treasurer and held with his name on it for up to 20 years; 2) If you retain the house, during the probate proceedings it will be retitled divided equally between all heirs. So if there are 3 children, you'll each on a third. If one of you wishes to own it, you'll have to buy out the other heirs if they are willing to sale.
If whomever paid the funeral expenses desires to be reimbursed, he/she will have to file a claim against the estate to be repaid. Funeral expenses are considered first class claims and thus they are top priority. This amount due would probably come right off the top of the $6000.00 in the bank.....after attorney's fees of course.
There does exist a possibility of avoiding Probate if you all can remove the of the real estate from the estate with use of a "bond in lieu of probate" and THEN open a small estate affidavit to collect the $6000.00 if you meet the remaining criteria (exclude the real estate) for small estate affidavits. Consult with a local Probate attorney for more on use of the bond in lieu of probate. Hope this helps and my best to you.
Answered on Jan 07th, 2012 at 6:04 PM