Illinois Small Estate Affidavit: Collect Personal Property Without Probate

The Illinois small estate affidavit is a notarized sworn statement handed directly to a bank, transfer agent, or other holder of the property. It never goes to the circuit court, so there is no filing fee and no waiting period, but it cannot transfer real estate.

Based on 755 ILCS 5/25-1

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is an Illinois Small Estate Affidavit?

An Illinois small estate affidavit under 755 ILCS 5/25-1 lets a person collect and distribute a decedent’s personal property without opening a probate estate. For a death on or after August 15, 2025, the personal estate other than motor vehicles registered with the Secretary of State may not exceed $150,000. No letters of office may be outstanding, and none may be contemplated or pending in Illinois or any other jurisdiction. The affidavit must be notarized, and the person who signs it takes on responsibility for paying valid claims in the statutory class order before distributing anything.

Do you qualify?

Qualifying threshold: $150,000 of personal estate, excluding registered motor vehiclesThe limit counts the decedent’s personal property passing by intestacy or under a will. Motor vehicles registered with the Secretary of State are left out of the $150,000 test and can still transfer under the affidavit, so a car does not push an estate over the limit. Real estate is never counted because it cannot pass by affidavit at all. Assets with a named beneficiary, payable-on-death or transfer-on-death registration, joint tenancy with survivorship, or a trust are outside the probate estate and are not counted. For a death before August 15, 2025, the older $100,000 limit applies to the entire personal estate with no vehicle exclusion.
Waiting period: None; 755 ILCS 5/25-1 sets no waiting period after the date of death
Court filing fee: $0; the affidavit is delivered to the property holder, not filed with the circuit court
Attorney: Not typically neededNo statutory requirement; counsel helps when debts, disputes, or real estate are involved
Real estate: Not covered by this procedureIllinois real estate cannot be transferred with the small estate affidavit. 755 ILCS 5/25-1 reaches personal property only. Real property held in the decedent’s name alone needs a court path, usually summary administration under 755 ILCS 5/9-8 when the gross real and personal estate is $100,000 or less, or a full administration. Property that passes by survivorship or under a recorded transfer on death instrument is outside probate and needs neither.

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Main Requirements

Personal Estate Within the Statutory Limit

For a death on or after August 15, 2025, the personal estate other than registered motor vehicles must not exceed $150,000. For a death before that date, the entire personal estate must not exceed $100,000 with no vehicle exclusion (755 ILCS 5/25-1(j)).

No Letters of Office

No letters of office may be outstanding, and none may be contemplated or pending in Illinois or in any other jurisdiction, at the time the affidavit is used.

Personal Property Only

The affidavit reaches personal property. Illinois real estate cannot be transferred by affidavit under 755 ILCS 5/25-1 and needs a court path or a separately recorded instrument.

Notarized Sworn Statement

The affidavit must be notarized. It is a sworn statement, and the person who signs it indemnifies anyone who is harmed by relying on it.

Will Filed With the Circuit Clerk

If there is a will, it must be filed with the clerk of the circuit court of the proper county (755 ILCS 5/6-1), and a certified copy is attached to the affidavit.

Debts Paid in Statutory Class Order

Known unpaid debts must be listed and paid according to the class order in 755 ILCS 5/18-10 before any remaining property is distributed to the heirs or legatees.

Available Small-Estate Options

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

Limit: Personal estate of $150,000 or less, excluding registered motor vehicles, for a death on or after August 15, 2025
Real Estate: Not included
Timeline: Available right away; the holder of the property reviews and releases it
Typical Fee: $0 court cost; notarization and certified copies only

Summary Administration (755 ILCS 5/9-8)

Limit: Gross real and personal estate subject to administration in Illinois of $100,000 or less, with written consent of every heir and legatee
Real Estate: Can be included
Timeline: Notice published once a week for 3 successive weeks, with the hearing at least 30 days after first publication
Typical Fee: The county filing fee to open a decedent estate, published from about $364 to $479 including the $100 fee under 705 ILCS 105/27.3f

Full Administration (Independent or Supervised)

Limit: No dollar cap; used when real estate, contested claims, or a larger estate rules out the short forms
Real Estate: Can be included
Timeline: Commonly 6 months to a year or more, driven by the published creditor-claim window
Typical Fee: The same county filing fee to open a decedent estate, plus publication, bond, and any professional help

The affidavit is a sworn statement with real exposure

The person who signs an Illinois small estate affidavit swears to the value of the estate, the identity of the heirs or legatees, and the list of debts, and agrees to indemnify anyone harmed by relying on it. Distributing the property before paying the classified debts under 755 ILCS 5/18-10 leaves that person personally exposed. Confirm the values, the debts, and that no letters of office are outstanding or contemplated before signing, and ask a lawyer if any of that is unclear.

Step-by-Step Process

Confirm the Personal Estate Is Within the Limit

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm No Letters of Office Are Outstanding or Contemplated

The affidavit is available only when no letters of office are outstanding and none are contemplated or pending in Illinois or in any other jurisdiction. If someone has already opened or intends to open an estate, the affidavit path closes.

File the Will With the Circuit Clerk

If the decedent left a will, whoever holds it must file it with the clerk of the circuit court of the proper county immediately after the death (755 ILCS 5/6-1). County schedules list that filing at no charge. A certified copy of the filed will is then attached to the affidavit.

Identify and Classify the Debts

The affidavit requires funeral expenses and other known unpaid debts to be listed and classified by the statutory class order in 755 ILCS 5/18-10, which pays funeral and administration costs first, then the surviving spouse’s or child’s award, and so on down the classes.

Complete and Notarize the Affidavit

Fill in the statutory affidavit identifying the decedent, the heirs or legatees, the property, and the debts, then sign it before a notary. Many banks and transfer agents supply their own version of the form; confirm which one the holder will accept.

Deliver the Affidavit to the Property Holder

Hand the notarized affidavit, a certified death certificate, and any certified copy of the filed will to the bank, transfer agent, or safe deposit box holder. They release the property to the person who signed the affidavit, who must then pay the classified debts before distributing the remainder.

County Note: The affidavit itself is not filed with any court, so no county fee schedule applies to it. Two related steps are still county-level: a will must be filed with the clerk of the circuit court of the proper county immediately after the death (755 ILCS 5/6-1), and if a court estate becomes necessary, the filing fee is set by that county board within the caps of 705 ILCS 105/27.1b. Banks and transfer agents also set their own internal review practices, and some supply their own affidavit form.

FAQ: Illinois Small Estate Affidavit

Does Illinois have a small estate affidavit?

Yes. 755 ILCS 5/25-1 lets a person collect and distribute a decedent’s personal property on a notarized affidavit without opening probate. The affidavit goes to the bank, transfer agent, or other holder of the property rather than to the circuit court.

What is the Illinois small estate affidavit limit?

For a death on or after August 15, 2025, the personal estate other than motor vehicles registered with the Secretary of State must not exceed $150,000. Public Act 104-346 raised the figure from $100,000 and added the vehicle exclusion, and 755 ILCS 5/25-1(j) applies that change only to deaths on or after the effective date, so an earlier death uses the $100,000 limit with no vehicle exclusion.

Is there a waiting period for the Illinois small estate affidavit?

No. 755 ILCS 5/25-1 sets no waiting period, so the affidavit can be used as soon as the paperwork, the certified death certificate, and any certified copy of the filed will are ready.

What does the Illinois small estate affidavit cost?

There is no court cost, because the affidavit is never filed with the circuit court and no estate is opened. The usual out-of-pocket costs are notarization, certified copies of the death certificate, and the clerk’s per-page charge for certifying a filed will.

Can an Illinois small estate affidavit transfer a house?

No. The affidavit reaches personal property only. Real estate in the decedent’s name alone needs summary administration under 755 ILCS 5/9-8 when the gross real and personal estate is $100,000 or less, or a full administration when it is larger.

Do vehicles count toward the $150,000 limit?

Not for a death on or after August 15, 2025. Motor vehicles registered with the Secretary of State are excluded from the $150,000 test and can still transfer under the affidavit, so owning a car does not push the estate over the limit. An affidavit used only for a Secretary of State title transaction works without regard to estate value (625 ILCS 5/3-114(b)).

Official Forms, Sources, and VerificationOfficial references used for this page

755 ILCS 5/25-1, Payment or delivery of small estate of decedent upon affidavitIllinois General Assembly. Current official statute text, accessed July 2026.
Public Act 104-346 (raised the affidavit limit to $150,000 and excluded registered motor vehicles, effective August 15, 2025)Illinois General Assembly. Effective August 15, 2025, accessed July 2026.
755 ILCS 5/9-8, Distribution on summary administrationIllinois General Assembly. Current official statute text, accessed July 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.