Small estate affidavit in Illinois: who can use it and how

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 death	Limit
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.

Forms

• Small Estate Affidavit (24th Judicial Circuit court form, $150,000 version with separate vehicle list)
• Statutory form: 755 ILCS 5/25-1(b) (Illinois General Assembly)

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