Settle a small estate in Illinois without probate

In Illinois this is called: Small estate affidavit; summary administration. If the person's personal property is under the limit, one person can sign a sworn small estate affidavit and give it to banks and others holding the property, without opening a court case.

Up to $150,000 (deaths on or after August 15, 2025), no waiting period, no court filing.

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Checked against official sources: October 30, 2026.

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Free tools

Small estate checker

Add up the estate and compare it with the Illinois limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in Illinois.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for Illinois, by procedure.

Car, bank, house in Illinois

Car or other vehicle

If a vehicle passes under the small estate affidavit, the person receiving it must send or bring to the Secretary of State, within 120 days, the last title (if available), the small estate affidavit and an application for title.

Bank accounts

A joint account with a surviving owner, or an account with a payable-on-death beneficiary, goes to that person and is not counted in the small estate affidavit.

House or land

An owner can sign a transfer on death instrument so Illinois real estate passes to a named beneficiary at death without probate. It must have the elements of a recordable deed, say the transfer happens at the owner's death, be signed, witnessed and acknowledged as the Act requires, and be recorded with the county recorder before the owner dies, or it is void.

Related pages

Small Estate Affidavit (755 ILCS 5/25-1)

A sworn statement, signed before a notary, that you give to a bank, company or person holding the person's personal property so they pay or transfer it as the affidavit says. It is not filed with the court.

Limit

Up to $150,000 (deaths on or after August 15, 2025)

Date of deathLimit
On or after August 15, 2025
$150,000
On or before August 14, 2025
$100,000

For a death on or after August 15, 2025, the person's personal property, not counting motor vehicles registered with the Secretary of State, cannot be worth more than $150,000. The vehicles are listed separately in the affidavit. For a death before August 15, 2025, the limit was $100,000 for the gross value of all personal property, including vehicles. For a death on or after January 1, 2027, motor homes, vehicles used as living quarters, trailers and other vehicles that are not self-propelled, commercial vehicles, farm implements, buses and commuter vans are not treated as excluded vehicles, so their value counts toward the $150,000.

What counts

The fair market value of the person's personal property that passes under a will or by inheritance law, not counting motor vehicles registered with the Illinois Secretary of State. Real estate is not counted and cannot be transferred with the affidavit. The law asks for the fair market value of each asset; it does not say whether debts are subtracted.

Waiting period

The law sets no waiting period. The affidavit can be used only if no probate case is open or planned in Illinois or anywhere else.

Who can use it

One person (the affiant) signs under oath. The affidavit must list the person's surviving spouse, minor and adult dependent children, all heirs (or, if there is a will, all people named in the will) and the share each one gets. An affiant who lives outside Illinois must name an agent in Illinois for court papers. The affiant may appoint an agent in writing to open a safe deposit box or sell property.

Court or where to file

Not filed with a court. You give it (or a copy) to each bank, company or person holding property. If there is a will, the will must first be filed with the clerk of the circuit court.

Notary

The statutory form is signed and sworn before a notary public, under penalty of perjury.

Papers to attach
  • Copy of the death certificate
  • Certified copy of the will, if there is one (the will must be filed with the circuit court clerk first)
  • List of each asset and its fair market value, and a description of each vehicle (make, body type, year, VIN)
  • List of known unpaid debts by class (or a statement that all debts and funeral costs are paid)
  • Names, addresses and shares of all heirs or will beneficiaries, and of the spouse and children entitled to an award
Steps
  1. Check that no probate case is open or planned and that the personal property (not counting registered vehicles) is under the limit.
  2. If there is a will, file it with the clerk of the circuit court and get a certified copy.
  3. Fill in the affidavit in the form set by the law, listing assets, debts, heirs or beneficiaries, and the spouse's or children's award.
  4. Sign it before a notary.
  5. Give a copy with the death certificate (and certified will) to each holder of property.
  6. Pay the person's valid debts in the order the affidavit lists before giving anything to heirs or beneficiaries, then distribute as paragraph 11 of the affidavit says.
Fee

No court filing fee, because the affidavit is not filed with the court. The circuit court clerk may charge for filing a will or for a certified copy; ask the clerk.

Debts and responsibility

You must pay the person's valid debts from the estate, in the order of the classes listed in the affidavit, before any distribution to heirs or beneficiaries. By signing, you agree to repay (indemnify) creditors, heirs, beneficiaries and anyone who relied on the affidavit for any loss caused by your act or omission, up to the amount lost, plus their reasonable attorney's fees. A false statement is perjury. Anyone who receives property is answerable to a person with a prior right and to any later personal representative.

What the bank or holder must do

A person, company or bank given an affidavit in substantially the legal form must pay, deliver or transfer the property (or give safe deposit box access) as the affidavit says. If it acts in good faith on a copy that substantially follows the form, it is fully protected and released, as if it had paid a court-appointed representative. If it refuses, the person entitled can sue to recover the property, and the affidavit is prima facie proof of the facts in it.

Law: 755 ILCS 5/25-1, 5/25-3 (as amended by P.A. 104-346, eff. 8-15-25; P.A. 104-624, eff. 1-1-27)

Source: Official page

Distribution on summary administration (755 ILCS 5/9-8)

A short court case where the judge orders the estate distributed without a full probate administration. All heirs and will beneficiaries must agree in writing.

Limit

Up to $100,000 Counted at full value, without subtracting debts.

The gross value of the person's real and personal estate subject to administration in Illinois cannot be more than $100,000.

What counts

The gross value of the person's real and personal property in Illinois that is subject to administration, as listed in the petition.

Waiting period

The law sets no waiting period after the death. Notice must be published once a week for 3 weeks in a county newspaper, with the first notice at least 30 days before the hearing.

Who can use it

Any interested person may file the petition. All heirs and will beneficiaries must consent in writing (a parent, spouse, adult child, guardian or guardian ad litem may consent for a minor or a person with a disability).

Court or where to file

Circuit court of the proper county (where the person lived, for an Illinois resident).

Papers to attach
  • Itemized list of the estate and its gross value
  • List of known unpaid claims and amounts, or a statement there are none
  • Names and ages of anyone entitled to a spouse's or child's award
  • Written consents of all heirs and beneficiaries
  • A bond from each person receiving property, equal to their share, with surety approved by the court
  • Proof of publication of the notice
  • The will, if any, admitted to probate
Steps
  1. File the petition in the circuit court (it can be combined with a petition to probate a will).
  2. Get written consent from every heir and beneficiary.
  3. Publish notice once a week for 3 weeks, the first at least 30 days before the hearing, and file proof of publication.
  4. Each person receiving property gives a bond for the value of their share.
  5. At the hearing, the court can direct payment of claims and distribution of the estate.
Fee

Filing fees are set by each county; ask the circuit court clerk. You also pay the newspaper for publication.

If you can't pay

Illinois courts have a statewide Application for Waiver of Court Fees; ask the clerk.

Debts and responsibility

Each person who receives property must refund their share, if needed, to pay a valid claim or a person with a prior right, plus expenses and reasonable attorney's fees. Refusing to refund within 60 days after a court order breaches the bond.

Law: 755 ILCS 5/9-8

Source: Official page

What counts toward the limit in Illinois

For the small estate affidavit (deaths on or after August 15, 2025): add up the fair market value of the person's personal property that passes under the will or by inheritance law. Leave out motor vehicles registered with the Secretary of State (list them separately), real estate, and property that passes to someone outside the will, such as joint accounts and named beneficiaries.

Law: 755 ILCS 5/25-1 (P.A. 104-346; P.A. 104-624)

Kind of propertyHow it is treatedDetails
Bank accounts in the person's name alone
Counts

Bank accounts in the person's name alone, with no payable-on-death beneficiary, count.

Law: 755 ILCS 5/25-1(a-5)

Joint or payable-on-death (POD) bank accounts
Left out

Joint accounts with a survivor and payable-on-death accounts are not counted, because they do not pass under a will or by inheritance law.

Law: 755 ILCS 5/25-1(a-5)(2) ('passing to any party by intestacy or under a will')

Cars and other vehicles
Left out

Motor vehicles registered with the Illinois Secretary of State are not counted toward the $150,000 for a death on or after August 15, 2025; list them separately in the affidavit. For a death before August 15, 2025, vehicles count toward the $100,000. For a death on or after January 1, 2027, motor homes, campers, trailers, commercial vehicles, farm implements, buses and commuter vans count.

Law: 755 ILCS 5/25-1(a-5); P.A. 104-624

Boats and mobile or manufactured homes
Counts

Boats and mobile homes are personal property and count at fair market value. They are not motor vehicles, so the vehicle exclusion does not cover them. A mobile home that is part of real estate is real estate and is not counted.

Law: 755 ILCS 5/25-1(a-5)(2)(A); P.A. 104-624

Real estate in Illinois
Left out

Real estate is not counted toward the limit, but the affidavit cannot be used to transfer it.

Law: 755 ILCS 5/25-1(a-5)

Main home (primary residence)
Left out

The person's home is real estate: it is not counted, and the affidavit cannot transfer it.

Law: 755 ILCS 5/25-1(a-5)

Real estate in another state
Left out

Real estate in another state is not counted.

Law: 755 ILCS 5/25-1(a-5)

Unpaid wages owed to the person
Counts

Unpaid wages owed to the person are personal property and count.

Law: 755 ILCS 5/25-1(a-5)

Military pay owed to the person
Not clear

The small estate law does not address military pay separately; ask the paying agency or a legal aid office.

Law: 755 ILCS 5/25-1

Life insurance or retirement money paid to a named person
Left out

Life insurance and retirement benefits paid to a named beneficiary do not pass under a will or by inheritance law and are not counted.

Law: 755 ILCS 5/25-1(a-5)(2)

Life insurance or retirement money paid to the estate
Counts

Life insurance or retirement benefits payable to the person's estate count.

Law: 755 ILCS 5/25-1(a-5)

Property in a living trust
Left out

Property held in a living trust passes under the trust, not under a will or by inheritance law, and is not counted.

Law: 755 ILCS 5/25-1(a-5)(2)

Property owned jointly with right of survivorship
Left out

Property held in joint tenancy passes to the surviving owner and is not counted.

Law: 755 ILCS 5/25-1(a-5)(2)

Property going to a surviving spouse
Counts

Personal property that goes to the surviving spouse under the will or by inheritance law counts. The spouse's award (at least $20,000 plus $10,000 per minor or dependent child) is listed in the affidavit as a debt to be paid.

Law: 755 ILCS 5/25-1(b) par. 7, 9; 5/15-1

Stocks, bonds and brokerage accounts
Counts

Stocks, bonds and brokerage accounts in the person's name alone, with no transfer-on-death beneficiary, count.

Law: 755 ILCS 5/25-1(a-5)

Furniture, jewelry and other belongings
Counts

Furniture, jewelry and other belongings count at fair market value.

Law: 755 ILCS 5/25-1(b) par. 6

Source: Official page

Car or vehicle title after a death in Illinois

If a vehicle passes under the small estate affidavit, the person receiving it must send or bring to the Secretary of State, within 120 days, the last title (if available), the small estate affidavit and an application for title. If the affidavit is used only to transfer vehicles at the Secretary of State, the value of the rest of the estate does not matter. A surviving spouse applies within 180 days with proof of the death and of the marriage, the title and an application; a surviving joint owner applies within 120 days. Illinois Legal Aid Online says to use the Application for Vehicle Transaction(s) (VSD 190) and the use tax form RUT-50.

Law: 625 ILCS 5/3-114(b), (d), (d-5); 755 ILCS 5/25-1(a-5)

Agency
Illinois Secretary of State, Vehicle Services
Fee

The Secretary of State charges title fees and the vehicle use tax may apply.

Source: Official page

Bank accounts after a death in Illinois

A joint account with a surviving owner, or an account with a payable-on-death beneficiary, goes to that person and is not counted in the small estate affidavit. For an account in the person's name alone, the bank must pay on a proper small estate affidavit and is released from liability when it relies on it in good faith. There is no separate Illinois rule letting a bank pay a small amount to family without an affidavit.

Law: 755 ILCS 5/25-1(a), (d)

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Illinois

Real estate (TOD deed)

Yes · Transfer on death instrument (TODI)

An owner can sign a transfer on death instrument so Illinois real estate passes to a named beneficiary at death without probate. It must have the elements of a recordable deed, say the transfer happens at the owner's death, be signed, witnessed and acknowledged as the Act requires, and be recorded with the county recorder before the owner dies, or it is void.

Law: 755 ILCS 27/1, 27/40 (Real Property Transfer on Death Instrument Act)

Bank account (POD)

Yes

Law: 755 ILCS 5/25-1(a-5)(2) (POD accounts pass outside the will)

Securities (TOD)

Yes

Law: 815 ILCS 10 (Uniform TOD Security Registration Act)

Source: Official page

Surviving spouse in Illinois

A surviving spouse of an Illinois resident is entitled to a spouse's award of at least $20,000, plus at least $10,000 for each minor child who lived with the spouse (and at least $5,000 for each qualifying dependent adult child). In a small estate affidavit the award is listed and paid as a Class 2 debt before heirs receive anything. A spouse can transfer the person's vehicle by applying to the Secretary of State within 180 days.

Debts of the person in Illinois

With a small estate affidavit, the affiant must pay debts in this order before any distribution: (1) funeral and burial costs and administration expenses, (2) the spouse's or child's award, (3) debts to the United States, (4) employee wages up to $800 each and last-illness expenses, (5) untraceable trust money, (6) debts to the State and local governments, (7) all other claims. If the estate cannot pay a class in full, that class is paid proportionally. The affiant must indemnify anyone who loses money because of the affiant's act or omission.

Medicaid estate recovery in Illinois

HFS has a claim against the estate for Medicaid paid for a person who was in a nursing facility or other medical institution, or who was 55 or older. It cannot collect until after the death of a surviving spouse, and only when there is no surviving child under 21, or blind, or with a permanent total disability. 'Estate' means the probate estate: HFS says assets that pass directly to a beneficiary, such as life insurance, retirement accounts and payable-on-death or joint accounts with survivorship, are usually not included. If the person received certain long-term care insurance benefits, the estate also includes jointly held, life estate and living trust assets. All claims, including HFS's, must be paid before property is distributed; heirs do not pay from their own money, and HFS does not allow payment plans. HFS offers an undue hardship waiver application.

Law: 305 ILCS 5/5-13

Agency
Illinois Department of Healthcare and Family Services (HFS), Medicaid Estate Recovery
Official page
Official page

Who inherits with no will in Illinois

If there is no will and there is a spouse and children (or other descendants), the spouse gets half and the descendants share half. With no spouse, the descendants get everything; with a spouse and no descendants, the spouse gets everything. If there is neither, the estate goes to parents, brothers and sisters (a surviving parent gets a double share if the other parent has died), then to grandparents and their descendants, then to great-grandparents and their descendants, then to the nearest relatives.

Law: 755 ILCS 5/2-1

Source: Official page

Death certificates in Illinois

Certified copies come from the state office or the county clerk, where fees vary. The state fee is $19 for the first certified copy and $4 for each extra copy ordered at the same time.

Where to get it
Illinois Department of Public Health, Division of Vital Records, or the county clerk in the county where the death happened
Official page
Official page

Where to file in Illinois

The small estate affidavit is not filed with any court; you give it to each holder of property. If the person left a will, it must be filed with the clerk of the circuit court in the county where the person lived, and a certified copy is attached to the affidavit. A summary administration petition is filed in the circuit court of the proper county. Vehicle papers go to the Illinois Secretary of State.

Good to know in Illinois

  • For deaths on or after August 15, 2025, the small estate affidavit limit is $150,000 and Secretary of State-registered motor vehicles are not counted; before that the limit was $100,000 including vehicles (P.A. 104-346).
  • For a death on or after January 1, 2027, motor homes, campers, trailers, commercial vehicles, farm implements, buses and commuter vans are no longer treated as excluded vehicles (P.A. 104-624; 755 ILCS 5/25-1(j)).
  • The person who signs the affidavit must pay the person's debts in a set order before distributing anything, and agrees to repay anyone harmed by mistakes in the affidavit.

Changes in 2024–2026

P.A. 104-346, effective August 15, 2025, for deaths on or after that date: small estate affidavit limit raised from $100,000 (gross, including vehicles) to $150,000 excluding motor vehicles registered with the Secretary of State; vehicles listed separately; affidavit may be used only for a Secretary of State vehicle title transaction regardless of estate value. P.A. 104-624, effective January 1, 2027: motor homes, living-quarters vehicles, non-self-propelled vehicles, commercial vehicles, implements of husbandry, buses and commuter vans are not excluded vehicles.

Law: SB 83; SB 2704

National rules that apply in every state

Federal estate tax

  • For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
  • Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

  • Report all income up to the date of death and claim all eligible credits and deductions.
  • Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
  • To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

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Social Security

  • Social Security retirement benefits are paid through the month before the month the person died.
  • If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

  • If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

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Debts

  • Debts are generally paid from the money and property the person left (the estate).
  • If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
  • You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

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A house with a mortgage

  • For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
  • Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
  • Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

  • After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

  • States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
  • The 'estate' includes at least the property in the person's probate estate under state law.
  • Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

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Death certificates

  • Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in Illinois

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

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Questions about small estates in Illinois

What is a small estate affidavit called in Illinois?

In Illinois this is called: Small estate affidavit; summary administration. If the person's personal property is under the limit, one person can sign a sworn small estate affidavit and give it to banks and others holding the property, without opening a court case.

What is the small estate limit in Illinois?

Up to $150,000 (deaths on or after August 15, 2025), no waiting period, no court filing.

How long do I wait in Illinois?

The law sets no waiting period. The affidavit can be used only if no probate case is open or planned in Illinois or anywhere else.

Do I have to go to court in Illinois?

Not filed with a court. You give it (or a copy) to each bank, company or person holding property. If there is a will, the will must first be filed with the clerk of the circuit court.

How do I transfer a car after a death in Illinois?

If a vehicle passes under the small estate affidavit, the person receiving it must send or bring to the Secretary of State, within 120 days, the last title (if available), the small estate affidavit and an application for title.

What happens to a bank account after a death in Illinois?

A joint account with a surviving owner, or an account with a payable-on-death beneficiary, goes to that person and is not counted in the small estate affidavit. For an account in the person's name alone, the bank must pay on a proper small estate affidavit and is released from liability when it relies on it in good faith.

Who inherits in Illinois if there is no will?

If there is no will and there is a spouse and children (or other descendants), the spouse gets half and the descendants share half. With no spouse, the descendants get everything; with a spouse and no descendants, the spouse gets everything.

Do I owe the person's debts in Illinois?

With a small estate affidavit, the affiant must pay debts in this order before any distribution: (1) funeral and burial costs and administration expenses, (2) the spouse's or child's award, (3) debts to the United States, (4) employee wages up to $800 each and last-illness expenses, (5) untraceable trust money, (6) debts to the State and local governments, (7) all other claims.

Sources