Illinois 96th Regular Session Status: Enacted

HB 5161 — PROBATE-SMALL EST-SURV SPOUSE

Last action — Public Act . . . . . . . . . 96-0968

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Probate Act of 1975. Provides that the minimum surviving spouse award is $20,000 (instead of $10,000) with an additional minimum award of $10,000 (instead of $5,000) for a surviving minor child or an adult dependent child. Effective immediately.

Bill Text

What changed in the latest version

206 added · 193 removed

Plain-language change summary

The recent amendment to HB 5161 clarifies that the changes made will apply to individuals who pass away on or after the effective date of the bill. Additionally, it adjusts the minimum financial support amount designated for minor and adult dependent children of the deceased, lowering it from $10,000 to $5,000. This matters because it provides a clearer timeline for how the law applies and modifies the support amount to potentially better reflect the financial realities of estates at the time of death.

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HB5161 Engrossed LRB096 16089 AJO 35395 b AN ACT concerning civil law.
HB5161 Enrolled LRB096 16089 AJO 35395 b AN ACT concerning civil law.
The award shall be paid to the surviving HB5161 Engrossed - 2 - LRB096 16089 AJO 35395 b spouse at such time or times, not exceeding 3 installments, as the court directs.
The award shall be paid to the surviving HB5161 Enrolled - 2 - LRB096 16089 AJO 35395 b spouse at such time or times, not exceeding 3 installments, as the court directs.
(c) The changes made by this amendatory Act of the 96th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 96th General Assembly.
(a) If a minor or adult dependent child of the decedent does not reside with the surviving spouse of the decedent at the time of decedent's death, there shall be allowed to that child, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative, a sum of money that the court deems reasonable for the proper support of the child for the period of 9 months after the death of the decedent, in a manner suited to the condition in life of the minor child and to the condition of the estate.
(a) If a minor or adult dependent child of the decedent does not reside with the surviving spouse of the decedent at the time of decedent's death, there shall be allowed to that child, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative, a sum of money that the court deems reasonable for the proper support of the child for the period of 9 months after the death of the HB5161 Enrolled - 3 - LRB096 16089 AJO 35395 b decedent, in a manner suited to the condition in life of the minor child and to the condition of the estate.
HB5161 Engrossed - 3 - LRB096 16089 AJO 35395 b (b) If a deceased resident of this State leaves no surviving spouse, there shall be allowed to all children of the decedent who were minors at the date of death and all adult dependent children, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative, a sum of money that the court deems reasonable for the proper support of those children for the period of 9 months after the death of the decedent in a manner suited to the condition in life of those children and to the condition of the estate.
(b) If a deceased resident of this State leaves no surviving spouse, there shall be allowed to all children of the decedent who were minors at the date of death and all adult dependent children, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative, a sum of money that the court deems reasonable for the proper support of those children for the period of 9 months after the death of the decedent in a manner suited to the condition in life of those children and to the condition of the estate.
(c) The changes made by this amendatory Act of the 96th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 96th General Assembly.
25-1) Sec.
25-1) HB5161 Enrolled - 4 - LRB096 16089 AJO 35395 b Sec.
(a) When any person or corporation (1) indebted to or holding personal estate of a decedent, (2) controlling the right of access to decedent's safe deposit box or (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right is furnished with a small estate affidavit in substantially the form hereinafter set HB5161 Engrossed - 4 - LRB096 16089 AJO 35395 b forth, that person or corporation shall pay the indebtedness, grant access to the safe deposit box, deliver the personal estate or transfer or issue the evidence of interest, indebtedness, property or right to persons and in the manner specified in paragraph 11 of the affidavit or to an agent appointed as hereinafter set forth.
(a) When any person or corporation (1) indebted to or holding personal estate of a decedent, (2) controlling the right of access to decedent's safe deposit box or (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right is furnished with a small estate affidavit in substantially the form hereinafter set forth, that person or corporation shall pay the indebtedness, grant access to the safe deposit box, deliver the personal estate or transfer or issue the evidence of interest, indebtedness, property or right to persons and in the manner specified in paragraph 11 of the affidavit or to an agent appointed as hereinafter set forth.
I understand that if no person is named above as my agent for service or, if for any reason, service on the named person cannot be effectuated, the clerk of the circuit court of ......(County) (Judicial Circuit) Illinois is recognized by Illinois law as my agent for service of process.
HB5161 Enrolled - 5 - LRB096 16089 AJO 35395 b I understand that if no person is named above as my agent for service or, if for any reason, service on the named person cannot be effectuated, the clerk of the circuit court of ......(County) (Judicial Circuit) Illinois is recognized by Illinois law as my agent for service of process.
HB5161 Engrossed - 5 - LRB096 16089 AJO 35395 b 4.
4.
8.
HB5161 Enrolled - 6 - LRB096 16089 AJO 35395 b 8.
Name and Place of Age of Relationship Residence minor child HB5161 Engrossed - 6 - LRB096 16089 AJO 35395 b *(Note:
Name and Place of Age of Relationship Residence minor child 9 *(Note:
10.
HB5161 Enrolled - 7 - LRB096 16089 AJO 35395 b 10.
Name, relationship Age of Portion of and place of residence minor Estate OR HB5161 Engrossed - 7 - LRB096 16089 AJO 35395 b (b) The decedent left a will, which has been filed with the clerk of an appropriate court.
Name, relationship Age of Portion of and place of residence minor Estate OR 9 (b) The decedent left a will, which has been filed with the clerk of an appropriate court.
Name Specific sum or property to be distributed The foregoing statement is made under the penalties of perjury*.
Name Specific sum or property to be distributed HB5161 Enrolled - 8 - LRB096 16089 AJO 35395 b The foregoing statement is made under the penalties of perjury*.
A fraudulent statement made under the penalties of perjury is perjury, as defined in Section 32-2 of the Criminal Code of 1961.) HB5161 Engrossed - 8 - LRB096 16089 AJO 35395 b (c) Appointment of Agent.
A fraudulent statement made under the penalties of perjury is perjury, as defined in Section 32-2 of the Criminal Code of 1961.) (c) Appointment of Agent.
Such person or corporation is not required to see to the application or disposition of the property;
Such person or corporation is not required to see to the application or HB5161 Enrolled - 9 - LRB096 16089 AJO 35395 b disposition of the property;
(e) The affiant signing the small estate affidavit prepared pursuant to subsection (b) of this Section shall indemnify and hold harmless all creditors and heirs of the decedent and other persons relying upon the affidavit who incur loss because of HB5161 Engrossed - 9 - LRB096 16089 AJO 35395 b such reliance.
(e) The affiant signing the small estate affidavit prepared pursuant to subsection (b) of this Section shall indemnify and hold harmless all creditors and heirs of the decedent and other persons relying upon the affidavit who incur loss because of such reliance.
(g) Any action properly taken under this Section, as amended by Public Act 93-877, on or after August 6, 2004 (the effective date of Public Act 93-877) is valid regardless of the date of death of the decedent.
(g) Any action properly taken under this Section, as amended by Public Act 93-877, on or after August 6, 2004 (the effective date of Public Act 93-877) is valid regardless of the HB5161 Enrolled - 10 - LRB096 16089 AJO 35395 b date of death of the decedent.
(h) The changes made by this amendatory Act of the 96th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 96th General Assembly.
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Action History

  1. Public Act . . . . . . . . . 96-0968

  2. Effective Date July 2, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 113-000-000

  7. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  8. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Committee Amendment No. 1 Motion Filed Concur Rep. Robert W. Pritchard

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 055-000-000

  13. Placed on Calendar Order of 3rd Reading April 27, 2010

  14. Second Reading

  15. Placed on Calendar Order of 2nd Reading April 21, 2010

  16. Do Pass as Amended Judiciary; 008-000-000

  17. Senate Committee Amendment No. 1 Adopted

  18. Senate Committee Amendment No. 1 Assignments Refers to Judiciary

  19. Senate Committee Amendment No. 1 Referred to Assignments

  20. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  21. Postponed - Judiciary

  22. Assigned to Judiciary

  23. Referred to Assignments

  24. First Reading

  25. Chief Senate Sponsor Sen. William R. Haine

  26. Placed on Calendar Order of First Reading March 10, 2010

  27. Arrive in Senate

  28. Added Chief Co-Sponsor Rep. Patricia R. Bellock

  29. Third Reading - Short Debate - Passed 111-000-000

  30. Placed on Calendar Order of 3rd Reading - Short Debate

  31. Second Reading - Short Debate

  32. Placed on Calendar 2nd Reading - Short Debate

  33. Do Pass / Short Debate Judiciary I - Civil Law Committee; 013-000-000

  34. Assigned to Judiciary I - Civil Law Committee

  35. Referred to Rules Committee

  36. First Reading

  37. Filed with the Clerk by Rep. Robert W. Pritchard

Sponsors

  • Robert W. Pritchard · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Robert W. Pritchard

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 97004
Democrat 12001
Republican 4000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Holbrook — Yea
Jefferson — Yea
Nekritz — Yea
Lang — Yea
Leitch — Yea
May — Yea
Reis — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Madigan — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Moffitt — Yea
Bradley — Yea
McGuire — Yea
Myers — Yea
Brady — Yea
Osterman — Yea
Senger — Yea
Burke — Yea
Sullivan — Yea
Sente — Yea
Sommer — Yea
Mitchell, Bill — Yea
Thapedi — Yea
Mitchell, Jerry — Yea
Turner — Yea
Verschoore — Yea
Gordon, Careen — Yea
Wait — Yea
Gordon, Jehan — Yea
Hannig — Yea
Washington — Yea
Harris — Yea
Yarbrough — Yea
Zalewski — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Hatcher — Yea
Jackson — Yea
Mulligan — Not Voting
Tryon — Not Voting
Currie — Yea
D'Amico — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Phelps — Not Voting
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Winters — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Burns — Yea
Carberry — Yea
Mendoza — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Golar — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 7002
Unaffiliated 47002
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Lauzen — Yea
Martinez — Yea
McCarter — Yea
Meeks — Yea
Muñoz — Yea
Noland — Yea
Pankau — Yea
Radogno — Yea
Schoenberg — Yea
Demuzio — Yea
Silverstein — Yea
Jacobs — Yea
Steans — Yea
Trotter — Yea
Jones, J. — Yea
Viverito — Yea
Brady — Yea
Sullivan — Yea
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Dillard — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hutchinson — Yea
DeLeo — Yea
Hendon — Not Voting
Hultgren — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
Millner — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 111 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 10001
Unaffiliated 97005
Republican 4000
Total 111006
% of votes cast 95%0%0%5%
How each member voted (117)
Member Party Vote
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
Senger — Yea
Sente — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Kosel — Yea
Madigan — Yea
Bradley — Yea
McGuire — Yea
McCarthy — Yea
Brady — Yea
Mendoza — Not Voting
Moffitt — Yea
Myers — Yea
Burke — Yea
Sullivan — Yea
Nekritz — Yea
Osterman — Not Voting
Mitchell, Bill — Yea
Gordon, Careen — Yea
Phelps — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Sommer — Yea
Soto — Yea
Thapedi — Not Voting
Hannig — Yea
Harris — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Hernandez — Yea
Wait — Yea
Watson — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Howard — Yea
Davis, Monique — Yea
Cavaletto — Yea
Coladipietro — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Zalewski — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Not Voting
Bost — Yea
Brauer — Yea
Burns — Yea
Mell — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Yea
Chapa LaVia — Not Voting
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Not Voting
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5161 do?
Amends the Probate Act of 1975. Provides that the minimum surviving spouse award is $20,000 (instead of $10,000) with an additional minimum award of $10,000 (instead of $5,000) for a surviving minor child or an adult dependent child. Effective immediately.
Who sponsors HB 5161?
HB 5161 is sponsored by Robert W. Pritchard.
What is the current status of HB 5161?
This bill has been enacted into law. Introduced January 29, 2010. Enacted.
Where can I track HB 5161?
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