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Illinois Small Estate Affidavit

In Illinois an heir can use a small estate affidavit to transfer a decedent's personal estate up to $150,000, excluding registered motor vehicles, with no waiting period after death, for a death on or after August 15, 2025 (755 ILCS 5/25-1). Attorney review available.

Introduction

A small estate affidavit is a sworn statement that lets a decedent's heir collect personal property without full probate, and Illinois raised its ceiling to $150,000 for a death on or after August 15, 2025, not counting registered motor vehicles. In Illinois it is used under 755 ILCS 5/25-1, which sets out a prescribed statutory affidavit form. The affiant furnishes the signed affidavit directly to the bank, employer, transfer agent, or other person or institution holding the asset, which then pays or transfers the property. For a death on or after August 15, 2025, the affidavit is available when the decedent's entire personal estate passing by intestacy or under a will, excluding motor vehicles registered with the Secretary of State, does not exceed $150,000 (755 ILCS 5/25-1). Illinois sets no waiting period: the statute does not require any number of days to pass after death before the affidavit may be used. The eligibility conditions are that no letters of office are outstanding on the estate and none are contemplated or pending anywhere, and that the value stays within the limit. A copy of the death certificate is attached, and if the decedent left a will it must be filed with the clerk of an appropriate court with a certified copy attached. The affidavit is signed under the penalties of perjury, and by signing the affiant agrees to indemnify and hold harmless creditors, heirs, legatees, and anyone who relies on it. DocDraft builds your Illinois small estate affidavit from your facts, with attorney review available before you sign.

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Key Things to Know

  1. 1

    Illinois uses a prescribed statutory affidavit under 755 ILCS 5/25-1: an heir furnishes the signed form directly to the asset holder to collect the decedent's personal property, available when the personal estate, excluding registered vehicles, does not exceed $150,000 for a death on or after August 15, 2025.

  2. 2

    For a death on or after August 15, 2025, the affidavit is available when the decedent's entire personal estate passing by intestacy or under a will, excluding registered motor vehicles, does not exceed $150,000 (755 ILCS 5/25-1).

  3. 3

    Motor vehicles registered with the Secretary of State are excluded from the $150,000 limit and may be transferred by the affidavit regardless of value (755 ILCS 5/25-1).

  4. 4

    Illinois sets no waiting period. The statute does not require any number of days to pass after death before the affidavit may be used, which differs from most states.

  5. 5

    The affidavit may be used only when no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in Illinois or any other jurisdiction (755 ILCS 5/25-1).

  6. 6

    A copy of the death certificate is attached to the affidavit, and if the decedent left a will it must be filed with the clerk of an appropriate court with a certified copy attached (755 ILCS 5/25-1).

  7. 7

    The affidavit is signed under the penalties of perjury, and by signing the affiant agrees to indemnify and hold harmless creditors, heirs, legatees, and anyone who relies on it; the affidavit transfers personal property only, not real estate.

Key decisions before you file

Before you file a Small Estate Affidavit in Illinois, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.

Open the Small Estate Affidavit guide

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ILLINOIS SMALL ESTATE AFFIDAVIT

Small Estate Affidavit under 755 ILCS 5/25-1

State of Illinois County of [COUNTY]

I, [AFFIANT FULL NAME], the affiant, on oath state under the penalties of perjury:

  1. Affiant. My address is [AFFIANT ADDRESS]. My relationship to the decedent or the decedent's estate is [surviving spouse / adult child / heir / legatee / other].

  2. Decedent. [DECEDENT FULL NAME], the decedent, died on [DATE OF DEATH] while a resident of [COUNTY] County, Illinois. A copy of the death certificate is attached.

  3. No letters of office. No letters of office are now outstanding on the decedent's estate, and no petition for letters is contemplated or pending in Illinois or in any other jurisdiction, to my knowledge.

  4. Value of the estate. Excluding motor vehicles registered with the Secretary of State, the decedent's entire personal estate passing to any party either by intestacy or under a will does not exceed $150,000. Registered motor vehicles may be transferred under this affidavit regardless of value.

  5. Will. [The decedent left no will. / The decedent left a will, which has been filed with the clerk of an appropriate court, and a certified copy of the will on file is attached.]

  6. Personal property to be transferred. The affiant requests that the following personal estate of the decedent be paid, delivered, or transferred to the persons entitled to it:

    • [ASSET 1, for example bank account ending 0000 at (BANK), approximate value $______]
    • [ASSET 2, for example final wages from (EMPLOYER), approximate value $______]
    • [ASSET 3, for example securities or one registered motor vehicle, description ______]

  7. Debts first. The affiant will first pay the valid claims and debts of the decedent's estate in the order of the classes set by law, and then distribute the remainder to the persons entitled to it.

  8. Indemnification. By signing this affidavit, the affiant agrees to indemnify and hold harmless all creditors of the decedent's estate, the decedent's heirs and legatees, and any person or institution relying on this affidavit, up to the amount of any loss caused by an act or omission of the affiant, plus reasonable attorney's fees and the expenses of recovery.

The foregoing statement is made under the penalties of perjury.

[AFFIANT FULL NAME], Affiant Dated: [DATE]

Subscribed and sworn to before me on [DATE] by [AFFIANT FULL NAME].

Notary Public, State of Illinois My commission expires: ____________

Note: This is an Illinois small estate affidavit drawn from 755 ILCS 5/25-1, which sets out the prescribed statutory form. For a death on or after August 15, 2025, Illinois caps the personal estate at $150,000, excluding motor vehicles registered with the Secretary of State, and imposes no waiting period after death. The affidavit transfers personal property only; Illinois real estate cannot pass by this affidavit. For the generic template and other states, see the Small Estate Affidavit hub.

Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Illinois in about a minute, and notarize it online through DocDraft if it does.

Illinois Requirements for Small Estate Affidavit

No Waiting Period

Illinois sets no waiting period. 755 ILCS 5/25-1 does not require any number of days to pass after death before the small estate affidavit may be used, which differs from most states, where a wait of about 30 to 45 days applies.

$150,000 Qualifying Value Limit

For a death on or after August 15, 2025, the affidavit is available when the decedent's entire personal estate passing by intestacy or under a will, excluding registered motor vehicles, does not exceed $150,000 (755 ILCS 5/25-1). The prior figure of $100,000 applied to earlier deaths.

Registered Motor Vehicles Excluded

Motor vehicles registered with the Secretary of State are excluded from the $150,000 limit and may be transferred by the affidavit regardless of value (755 ILCS 5/25-1). The affidavit can be used solely to transfer the decedent's registered motor vehicles without regard to the value of the personal estate.

Personal Property Only

The 755 ILCS 5/25-1 affidavit transfers personal property only, such as bank accounts, wages, securities, and registered motor vehicles. Illinois real estate in the decedent's sole name cannot pass by this affidavit and is handled through probate or another transfer procedure.

No Letters of Office Outstanding or Pending

The affidavit may be used only when no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in Illinois or in any other jurisdiction (755 ILCS 5/25-1). If probate has been opened, the affidavit is not available.

Death Certificate and Will Attachments

A copy of the death certificate is attached to the affidavit. If the decedent left a will, it must be filed with the clerk of an appropriate court and a certified copy of the on-file will attached (755 ILCS 5/25-1). For an intestate decedent, the affidavit states that the decedent left no will.

Who May Be the Affiant

Illinois does not limit the affiant to a named successor; the person signing states their relationship to the decedent or the estate on the prescribed form (755 ILCS 5/25-1). An affiant who lives outside Illinois submits to Illinois court jurisdiction and names an Illinois agent for service of process.

Signed Under Perjury With Indemnification

The affidavit is signed under the penalties of perjury. By signing, the affiant agrees to indemnify and hold harmless the estate's creditors, the decedent's heirs and legatees, and anyone who relies on the affidavit, up to the amount of any loss caused by the affiant, plus reasonable attorney's fees and the expenses of recovery (755 ILCS 5/25-1). The affiant must first pay valid claims before distributing to heirs. Do not sign if the facts are uncertain.

Does your Small Estate Affidavit need to be notarized in Illinois?

Whether a Small Estate Affidavit needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

It is a sworn statement, on the form prescribed by 755 ILCS 5/25-1, that lets a decedent's heir collect the decedent's personal property without opening a full probate case. In Illinois the affiant furnishes the signed affidavit to whoever holds the asset, such as a bank or transfer agent, and swears that the personal estate, excluding registered motor vehicles, does not exceed $150,000 for a death on or after August 15, 2025. It is usually the fastest, cheapest way to settle a small Illinois estate.

Probate in Illinois opens an estate and has the court issue letters of office to a representative who gathers assets, pays debts, and distributes what remains, and it can take many months. A small estate affidavit skips that for qualifying estates: under 755 ILCS 5/25-1 the affiant furnishes a sworn affidavit and the asset holder transfers the property directly, with no letters of office. The affidavit is available only when the personal estate, excluding registered motor vehicles, does not exceed $150,000 and no letters of office are outstanding or pending.

For a death on or after August 15, 2025, the decedent's entire personal estate passing by intestacy or under a will, excluding motor vehicles registered with the Secretary of State, must not exceed $150,000 (755 ILCS 5/25-1). The prior figure of $100,000 applied to earlier deaths. Registered motor vehicles are treated separately and may be transferred by the affidavit regardless of value, so they do not count against the $150,000 limit.

No. 755 ILCS 5/25-1 does not require any number of days to pass after death before the affidavit may be used, which is unusual: most states require a wait of about 30 to 45 days. In Illinois the eligibility conditions are that no letters of office are outstanding on the estate and none are contemplated or pending anywhere, and that the personal estate stays within the $150,000 limit.

No. The 755 ILCS 5/25-1 affidavit transfers personal property only, such as bank accounts, wages, securities, and registered motor vehicles. Illinois real estate in the decedent's sole name cannot pass by this affidavit and is handled through probate or another transfer procedure. Because of that, an Illinois estate that includes a house or land is handled differently from one with only accounts and vehicles.

Illinois does not limit the affiant to a named successor; the person signing states their relationship to the decedent or the estate on the prescribed form (755 ILCS 5/25-1). A copy of the death certificate is attached. If the decedent left a will, it must be filed with the clerk of an appropriate court and a certified copy of the on-file will attached. An affiant who lives outside Illinois submits to Illinois court jurisdiction and names an Illinois agent for service of process.

The affidavit is signed under the penalties of perjury, and a fraudulent statement is perjury under Illinois law. By signing, the affiant agrees to indemnify and hold harmless the estate's creditors, the decedent's heirs and legatees, and anyone who relies on the affidavit, up to the amount of any loss caused by the affiant, plus reasonable attorney's fees and the expenses of recovery (755 ILCS 5/25-1). The affiant must also first pay valid claims against the estate before distributing to heirs, so an affidavit should never be signed if the facts are uncertain.

If the decedent's personal estate, excluding registered motor vehicles, is more than $150,000, or the estate includes real estate that must be transferred, the Illinois affidavit is not available and the estate generally goes through probate, where the court issues letters of office to a representative. When an Illinois estate is near the $150,000 limit or includes real estate, it is worth confirming the right process before signing anything.