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Small estate affidavit in Illinois (2026)

In Illinois, heirs can collect up to $150,000 without probate with a sworn affidavit (Small estate affidavit (755 ILCS 5/25-1)). There is no waiting period. Real estate: not covered. Last checked .

Illinois at a glance

Affidavit cap
$150,000
Applies to
deaths on or after 2025-08-15 (P.A. 104-346, eff. 8-15-25; 25-1(j) applies the change by date of death)
Value counted
Gross value (debts not subtracted)
Waiting period
None
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Distribution on summary administration (755 ILCS 5/9-8) (up to $100,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Illinois cap for this date of death

    $150,000

    A worked example for Illinois

    Say a parent who lived in Illinois died on March 1, 2026, leaving $120,000 in a bank account in their name only and no house. $120,000 is within the $150,000 cap for that date of death, so the family can use the affidavit right away. Had the death been in an earlier period, the cap would have been $100,000.

    The rules in Illinois

    • The affidavit. The affiant gives the statutory small estate affidavit (with death certificate) to banks, transfer agents or anyone holding the decedent's personal estate, who must pay or deliver as the affidavit directs. It is not filed with a court, but if there is a will it must already be filed with the circuit clerk and a certified copy attached.
    • Cap. For deaths on or after Aug. 15, 2025, personal property other than registered vehicles must not exceed $150,000; vehicles are listed but do not count. For earlier deaths the cap was $100,000 including vehicles.
    • What counts. The decedent's entire personal estate passing by intestacy or under a will (cash, stocks, other tangible and intangible personal property, listed at fair market value).
    • What doesn't count. Motor vehicles registered with the Secretary of State (listed on the affidavit but not counted); real estate is not personal estate and cannot pass by the affidavit; non-probate assets (joint, POD/TOD, beneficiary designations, trusts) do not pass by will or intestacy.
    • Earlier caps. $100,000: deaths before 2025-08-15 (gross value of the entire personal estate, vehicles included)
    • Change already enacted. P.A. 104-624, effective 2027-01-01: RVs/motor homes/van campers, vehicles used as living quarters, trailers (non-self-propelled vehicles), commercial vehicles, implements of husbandry and buses/commuter vans will no longer be excluded and will count toward the $150,000. Per 25-1(j) the change applies by date of death on or after its effective date.
    • Waiting period. No waiting period after death in the statute.
    • Conditions. No letters of office outstanding and no petition for letters contemplated or pending anywhere; funeral and other debts paid, or all known debts listed by class and paid first from the estate before any heir or legatee; surviving spouse/child award stated; affiant unaware of any heirship or will dispute; any will filed with the court clerk.
    • Who can sign. Any person who signs the affidavit under oath and states their relationship to the decedent or estate (the form does not limit it to heirs); a non-resident affiant submits to Illinois courts and names an agent for service.
    • Court filing. No court filing for the affidavit itself; only an existing will must be filed with the circuit clerk.

    Houses, land and vehicles

    • Real estate. The affidavit transfers only personal property. Land passes by probate, including summary administration (gross real and personal estate up to $100,000).
    • Vehicles. A small estate affidavit used only for a Secretary of State title transaction transfers the decedent's vehicles regardless of the estate's value (625 ILCS 5/3-114(b)); submit it with the title, death certificate and application VSD 190.

    When the affidavit isn't enough

    Court petition when the gross value of real and personal estate in Illinois is $100,000 or less, all heirs and legatees consent in writing, claims and awards are listed, taxes paid, each distributee posts a refunding bond, and notice is published 3 weeks (first at least 30 days before the hearing). Used instead of the affidavit when there is real estate or the affidavit does not fit.

    Good to know in Illinois

    • The affiant must indemnify creditors, heirs, legatees and anyone relying on the affidavit for losses caused by the affiant's act or omission, plus attorney fees; a false statement is perjury.
    • Date-of-death rule: 25-1(j) says the 104th General Assembly changes apply to decedents dying on or after the amendatory act's effective date (P.A. 104-346: August 15, 2025).
    • Holders acting in good faith on a substantially compliant affidavit are released as if they had dealt with an estate representative.
    • ilga.gov statute and public-act text were read in the browser (scripted HTTPS fetch failed on the site's certificate chain).

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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