What are Illinois’s small estate affidavit rules?
755 ILCS 5/25-1 lets someone collect a parent’s personal estate passing by will or without one, up to $150,000 plus any vehicles registered with the Secretary of State, when no letters of office are outstanding and no probate petition is pending or planned. Public Act 104-346 raised the limit from $100,000 for deaths on or after August 15, 2025. The statute itself sets out the form’s wording.
Sources: 755 ILCS 5/25-1, Payment or delivery of small estate of decedent upon affidavit, checked October 19, 2026; Public Act 104-0346, checked October 19, 2026; Approved Statewide Standardized Forms, checked October 19, 2026.| Rule | Illinois |
|---|---|
| Dollar limit | $150,000 of personal property, plus vehicles registered with the Secretary of State, for deaths on or after Aug. 15, 2025 ($100,000 before) |
| Waiting period | None in the statute. No letters of office outstanding and no probate petition pending or planned |
| Where it goes | Straight to the bank or other holder, with a copy of the death certificate. Not filed with a court |
| Official form | No court form. The statute sets out the affidavit’s wording, and holders must accept one in substantially that form |
| Signing | One affiant, sworn under penalty of perjury before a notary. No witnesses |
| Real estate | Can’t pass by this affidavit, which covers personal property only |
What will Kin Papers fill in for Illinois?
Kin Papers is building an Illinois file that fills in the small estate affidavit in the statute’s wording from your answers, including the asset, debt and heir lists, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated deadline tracker. It won’t file anything for you or give legal advice.
Join the Illinois waitlist
We’re building Illinois’s small-estate form filled in from your answers, with the letters, IRS Form 56 and a deadline tracker. Join the waitlist and we’ll email you the day it opens.
Who can sign an Illinois small estate affidavit?
One person signs, the affiant, under penalty of perjury before a notary. The statute doesn’t limit who that is, but the affiant states their relationship to the person who died or the estate. An affiant who lives outside Illinois submits to the Illinois courts and names an Illinois agent to receive legal papers. The affiant personally promises to repay anyone harmed by relying on the affidavit, and the form prints that promise in bold.
What does the affidavit have to list?
The wording in 755 ILCS 5/25-1(b) asks for:
- The date of death, with a copy of the death certificate attached.
- Whether there’s a will. If there is, it must be filed with the court clerk, with a certified copy attached.
- Each asset and its fair market value, and each vehicle by make, year and VIN.
- Every unpaid debt, in the statute’s seven classes, which must be paid before anything goes to the family.
- The surviving spouse and any minor or dependent children, and the spouse’s or children’s award ($20,000 plus $10,000 for each qualifying child).
- The heirs or the people named in the will, with each one’s share.
Where do you get the form?
There isn’t a court form. The Illinois Supreme Court’s approved statewide forms don’t include one. Instead, the statute sets out the affidavit’s full wording, and banks must accept an affidavit in substantially that form. Some circuit clerks post local versions built from it.
What if the estate is over $150,000?
Then the affidavit isn’t available for that property, and the estate generally goes through probate in the circuit court. The circuit clerk can explain the filings, and a lawyer can advise on your situation.
Is Kin Papers a law firm?
No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what the Illinois statute says, with links to it. It doesn’t say whether the affidavit fits your parent’s estate.
Common questions about small estates in Illinois
What is the Illinois small estate affidavit limit in 2026?
$150,000 of personal property, not counting motor vehicles registered with the Illinois Secretary of State, for a death on or after August 15, 2025 (Public Act 104-346). For earlier deaths the limit was $100,000.
Is there a waiting period for an Illinois small estate affidavit?
755 ILCS 5/25-1 doesn’t set a number of days. It requires that no letters of office are outstanding and no petition for letters is contemplated or pending in Illinois or anywhere else. If there’s a will, it must already be filed with the court clerk, and a certified copy is attached.
Do you file the Illinois small estate affidavit with the court?
No. It goes to the bank, company or other holder of the property, which must pay or deliver when it receives an affidavit in substantially the statute’s form. The statute releases a holder that pays on it.
Can a house pass by small estate affidavit in Illinois?
No. Section 25-1 covers personal property only. Real estate usually needs a probate case, and the circuit clerk or a lawyer can explain the options.
Is there a change coming in 2027?
Yes. Public Act 104-624, effective January 1, 2027, narrows which vehicles are left out of the $150,000: motor homes, vehicles used as living quarters, commercial vehicles and some others will count toward it.