Illinois Compiled Statutes
755 ILCS 5/25-2 (2026)
When appointment of representative of ward unnecessary
✓ current as of May 2026
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(755 ILCS 5/25-2)
(from Ch. 110 1/2, par. 25-2)
Sec. 25-2.
When appointment of representative of ward unnecessary.)
Upon receiving an affidavit that the personal estate of a ward does not
exceed $10,000 in value, that no representative has been
appointed for
his estate and that the affiant is a parent or a person standing in loco
parentis to the minor or is the spouse of the ward or, if there is no
spouse of the ward, that affiant is a relative having the responsibility
of the support of the person under legal disability
or ward, any person or corporation
indebted to or holding personal estate of the ward may pay the amount of
the indebtedness or deliver the personal estate to the affiant. In the
same manner and upon like proof, any person or corporation having the
responsibility for the issuance or transfer of stocks, bonds or other
personal estate may issue or transfer the stocks, bonds or other
personal estate to or in the name of the affiant. Upon the payment,
delivery, transfer or issuance pursuant to the affidavit, the person or
corporation is released to the same extent as if the payment, delivery,
transfer or issuance had been made to the legally qualified
representative of the ward and is not required to see to the application
or disposition of the property.
(Source: P.A. 90-307, eff. 8-1-97.)
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: Smith v. Smith (Ill. App. Ct. 2005).
Smith v. Smith (Ill. App. Ct. 2005). “In October 2004, defendant filed an affidavit pursuant to section 25-2 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/25-2 (West 2002)), stating (1) she was Lacanda's mother, (2) Lacanda's personal estate did not exceed $10,000, (3) no representative had been appointed for…”
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