Illinois Small Estate Affidavit

Introduction

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.

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.