Illinois Small Estate Affidavit: $150,000 Limit, Rules and Form

Illinois lets an heir or other affiant collect a decedent's personal property without opening probate through a small estate affidavit under 755 ILCS 5/25-1, when the personal estate, not counting motor vehicles registered with the Secretary of State, is worth no more than $150,000 (for deaths on or after August 15, 2025; $100,000 for earlier deaths). The text of Section 25-1 sets no waiting period after the death; instead it requires that no letters of office are outstanding and no petition for letters is contemplated or pending.

The affidavit is not filed with a court. It is handed directly to the bank, employer or other holder of the property. It reaches personal property only, not a house, and the person who signs it takes on real legal responsibility for paying the decedent's debts in the right order. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Illinois small estate affidavit under the Probate Act of 1975 (755 ILCS 5/25-1 and 5/25-3), the vehicle title provisions of the Illinois Vehicle Code (625 ILCS 5/3-114), and the perjury reference in 720 ILCS 5/32-2. It does not cover full probate administration, who inherits under Illinois intestacy rules, estate tax, or the law of any other state.

When can you use a small estate affidavit in Illinois?

You can use it only when every condition in Section 25-1 is met. The statute allows the affidavit to be used "to transfer personal property in a decedent's estate" when the decedent's personal estate is within the limit and no court case for the estate exists or is planned.

The $150,000 figure is set by statute and is not adjusted for inflation. The legislature raised it from $100,000 in P.A. 104-346, effective August 15, 2025. The new figure applies only when the decedent died on or after August 15, 2025; for an earlier death, the old $100,000 limit still applies (755 ILCS 5/25-1(j)). Some websites, and at least one Secretary of State page seen in search results, still show $100,000 without that date; the statute now says $150,000 for deaths on or after August 15, 2025.

What counts toward the $150,000 limit

The affidavit form in Section 25-1(b) has the affiant state that "the decedent's entire personal estate passing to any party either by intestacy or under a will does not exceed $150,000," and then list "each asset, e.g., cash, stock, and its fair market value."

Two categories fall outside that count. Motor vehicles registered with the Secretary of State are excluded from the dollar test, and real estate is not personal property at all.

Section 25-1 does not itself say how to treat jointly held accounts, payable-on-death or transfer-on-death accounts, or life insurance, and it does not say whether a lien on an asset is subtracted. If the estate is close to $150,000 and those questions matter, ask the circuit clerk's self-help desk or a lawyer before signing.

The motor vehicle change on January 1, 2027

P.A. 104-624, effective January 1, 2027, amends Section 25-1(a-5). After that date, several kinds of vehicles "shall not be considered an excluded motor vehicle in determining the value of a decedent's personal estate," so their value will count toward the $150,000 limit:

• motor vehicles used as living quarters
• motor homes, mini motor homes and van campers
• non-self-propelled vehicles
• commercial vehicles
• implements of husbandry
• buses or commuter vans

How long do you have to wait after the death?

Section 25-1 does not set a waiting period. The full text of the section, including the statutory form, contains no number of days that must pass after the death. Its timing conditions are instead that no letters of office are outstanding and no petition for letters is contemplated or pending.

You may see a 30-day wait quoted for Illinois. That figure does not appear in the text of Section 25-1.

Who can sign the affidavit

Section 25-1 does not rank who may sign the way some states do. The affiant states his or her relationship "to the decedent or the decedent's estate" in paragraph 10.3 of the form, lists the heirs and legatees, and may be one of the people who will receive property.

An affiant who lives outside Illinois can still sign, but the form has that person submit to the jurisdiction of Illinois courts and name an agent for service of process.

Step by step: using an Illinois small estate affidavit

1. Confirm no estate is open or planned. If anyone has been appointed, or a petition for letters is pending or contemplated anywhere, the affidavit is not available.
2. Get the form. The form is written into the statute itself; Section 25-1 says the affidavit must be "in substantially the form hereinafter set forth." The Illinois Supreme Court's statewide approved forms page does not list a probate form, so counties publish their own copies, for example the 24th Judicial Circuit's Small Estate Affidavit.
3. List every asset and its fair market value. The form asks for each item of personal property and what it is worth.
4. List the debts, or confirm they are paid. The form asks the affiant to state either that "All of the decedent's funeral expenses and other debts have been paid," or to list "All of the decedent's known unpaid debts" by priority class.
5. Account for the surviving spouse's and children's awards. For a decedent who lived in Illinois, the form states the surviving spouse's award: $20,000 plus $10,000 for each minor or adult dependent child who lived with the spouse at the death. If there is no surviving spouse, the minor and adult dependent children share an award of $20,000 plus $10,000 per child. The award is a Class 2 claim, ranked after Class 1 funeral, burial and administration expenses.
6. Name who receives what. The form lists the heirs or legatees who will receive the property.
7. Attach the death certificate, and the will if there is one. If the decedent left a will, it must already be filed with the clerk of an appropriate court, and a certified copy is attached.
8. Sign before a notary. The affidavit is signed and sworn before a notary public, under penalties of perjury.
9. Deliver it to the holder. Give the signed affidavit to the bank, employer, transfer agent or other person holding the property.

Because nothing is filed with a court, there is no court filing fee for the affidavit itself.

What the affidavit can collect

Section 25-1 reaches anyone who is "(1) indebted to or holding personal estate of a decedent, (2) controlling the right of access to decedent's safe deposit box or (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right." In practice that means bank accounts, money owed to the decedent, the contents of a safe deposit box, and stocks or other securities. The affiant may also appoint an agent to sell personal property and to access the safe deposit box.

Final wages. Pay owed to the decedent by an employer is a debt owed to the decedent, and Section 25-1 covers anyone "indebted to" the decedent. The research for this page did not confirm whether Illinois has a separate statute letting family members collect a deceased employee's final pay, so check with the employer or the Illinois Department of Labor.

Unclaimed property. The research for this page could not open the Illinois State Treasurer's current claim rules for money belonging to someone who has died, so check them directly before relying on a small estate affidavit for an unclaimed property claim. Our page on Illinois unclaimed property explains how to search.

Vehicles

Vehicles registered with the Secretary of State pass by the small estate affidavit, outside the $150,000 cap. Under 625 ILCS 5/3-114, the transferee must "promptly mail or deliver to the Secretary of State, within 120 days, the last certificate of title, if available, the documentation required under the provisions of the Probate Act of 1975, and an application for certificate of title." The same section says "The Small Estate Affidavit form shall be furnished by the Secretary of State." Under Section 25-1(a-5) of the Probate Act, an affidavit used only for a vehicle title transaction may be used without regard to the value of the decedent's personal estate.

When a vehicle passes to the surviving spouse, Section 3-114(d-5) lets the spouse retitle it by delivering proof of the death, of the transfer and of the marriage, with the last title, an application and any fees and taxes, within 180 days after the death. Section 3-114(e) also lets an heir, legatee or representative retitle a vehicle with a death certificate and an attorney's affidavit on the attorney's letterhead.

Real estate

The affidavit does not transfer a house or land. Section 25-1 authorizes transfers of "personal property in a decedent's estate," and the rest of Article XXV of the Probate Act contains no real estate affidavit for a decedent. If the decedent owned Illinois real estate in his or her name alone and did not record a transfer on death instrument for it (755 ILCS 27/20), that property generally needs the regular Illinois probate process. Our guide to Illinois property records explains how to check how a deed is titled.

If a bank or holder refuses

A holder that pays in good faith on a substantially compliant affidavit is protected. Section 25-1 says it "shall be fully protected and released upon payment, delivery, transfer, access or issuance pursuant to such a document to the same extent as if the payment, delivery, transfer, access or issuance had been made to the representative of the estate." The holder does not have to see to how the property is used afterward.

If a holder refuses, Section 25-3 provides that the personal estate "may be recovered in a civil action."

Liability and false affidavits

Signing the affidavit makes the affiant personally responsible for getting the money to the right people.

• Debts come first. The affiant must pay valid claims in their priority class order before distributing anything to heirs or legatees.
• Indemnity. Section 25-1 says the affiant "shall indemnify and hold harmless all creditors, heirs, and legatees of the decedent," and also protects holders who relied on the affidavit, up to the amount lost through the affiant's act or omission, plus attorney fees.
• Recipients stay accountable. Each person who receives property through the affidavit is answerable to anyone with a prior right to it and accountable to any representative of the estate appointed later.
• Perjury. Section 25-1 states: "A fraudulent statement made under the penalties of perjury is perjury, as defined in Section 32-2 of the Criminal Code of 2012."

When you need probate instead

The small estate affidavit is the wrong tool when:

• the personal estate, excluding registered vehicles, is worth more than $150,000, or more than $100,000 if the death was before August 15, 2025;
• letters of office have been issued or a petition for letters is pending or contemplated;
• there is a dispute or potential conflict about who the heirs are or about the will;
• real estate in the decedent's name alone has to be transferred.

In those situations the estate goes to the circuit court. Our Illinois probate guide explains that process, and our overview of how probate works covers the basics.

Related

• Small estate affidavit rules by state
• Illinois probate
• Illinois unclaimed property
• Illinois property records
• Indiana small estate affidavit

Disclaimer: This article provides general legal information about the Illinois small estate affidavit under the Probate Act of 1975 and related provisions of the Illinois Vehicle Code, verified on 2026-10-06. It is not legal advice. For help with a specific estate, contact the circuit court clerk or self-help center in the county where the person lived, a legal aid office, or a lawyer licensed in Illinois.

Last updated: 2026-10-06.

Frequently Asked Questions

What is the small estate limit in Illinois?

$150,000 in personal property, not counting motor vehicles registered with the Secretary of State, if the person died on or after August 15, 2025 (755 ILCS 5/25-1). For a death before that date, the limit is $100,000.

How long after death can I use a small estate affidavit in Illinois?

Section 25-1 does not set a waiting period. It requires instead that no letters of office are outstanding and no petition for letters is contemplated or pending in Illinois or elsewhere.

Does an Illinois small estate affidavit need to be filed with the court?

No. The affidavit is signed before a notary and given directly to the bank or other holder of the property. If there is a will, though, the will itself must be filed with the clerk of an appropriate court and a certified copy attached.

Can I transfer a house with a small estate affidavit in Illinois?

No. Section 25-1 authorizes the transfer of personal property only, and it does not reach real estate.

Do cars count toward the Illinois small estate limit?

Motor vehicles registered with the Secretary of State are excluded from the $150,000 test under Section 25-1. Starting January 1, 2027, P.A. 104-624 counts motor homes, vehicles used as living quarters, commercial vehicles and some other types toward the limit.

Where do I get an Illinois small estate affidavit form?

The form is set out in 755 ILCS 5/25-1(b), and county circuit courts publish copies. There is no statewide Supreme Court approved probate form, and the Secretary of State furnishes the form for vehicle title transfers.

What happens if I sign a false small estate affidavit in Illinois?

A fraudulent statement in the affidavit is perjury under 720 ILCS 5/32-2, and the affiant must indemnify creditors, heirs and legatees for losses caused by the affiant's act or omission (755 ILCS 5/25-1).