Small Estate Affidavit in Illinois
How to collect a loved one's property in Illinois without full probate: the dollar limit, waiting period and official form.
Short answer: A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State… 755 ILCS 5/25-1
| Small estate affidavit | A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached. The $150,000 limit applies to deaths on or after August 15, 2025 (Public Act 104-346); the earlier limit was $100,000. A further amendment effective January 1, 2027 (Public Act 104-624) narrows which vehicles are left out of the value (for example, motor homes and commercial vehicles will count). Source: 755 ILCS 5/25-1 |
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| Simplified probate | Summary administration: if the gross value of the decedent's real and personal estate in Illinois is $100,000 or less, all heirs and beneficiaries consent in writing, debts and taxes are listed or paid, and each distributee posts a refunding bond, the court can order distribution on summary administration without a full probate. Illinois also allows independent administration (with less court supervision) in regular probate. Source: 755 ILCS 5/9-8 |
| Deadline for creditor claims | The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened. Source: 755 ILCS 5/18-3, 5/18-12 |
Official forms
- Small Estate Affidavit (24th Judicial Circuit, statewide statutory form)
- Small Estate Affidavit (statewide statutory form, 24th Judicial Circuit copy)
More Illinois estate law
- Medical Power of Attorney in Illinois
- Power of Attorney in Illinois
- Quitclaim Deeds and Transferring Property in Illinois
- Who Inherits If You Die Without a Will in Illinois
- How to Make a Valid Will in Illinois
- How Probate Works in Illinois
- Living Wills and Advance Directives in Illinois
- Revocable Living Trusts in Illinois
- Executor Duties in Illinois
- Letters Testamentary in Illinois
- Affidavit of Heirship in Illinois
- How to Avoid Probate in Illinois
- Transferring a Car After Someone Dies in Illinois
- All Illinois wills, probate and estate rules
FAQ
What is the small estate limit in Illinois?
A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached.
Is there a simplified probate process in Illinois?
Summary administration: if the gross value of the decedent's real and personal estate in Illinois is $100,000 or less, all heirs and beneficiaries consent in writing, debts and taxes are listed or paid, and each distributee posts a refunding bond, the court can order distribution on summary administration without a full probate. Illinois also allows independent administration (with less court supervision) in regular probate.
How long do creditors have to file claims against an estate in Illinois?
The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.