Small Estate Affidavit in Illinois

The rule in the statute

The affidavit is set out in the Probate Act at 755 ILCS 5/25-1. A bank, a stock transfer agent, or anyone else holding the dead person's property must pay or deliver it to the people named in the affidavit, if the affidavit follows the statute's form. The law lets you use it only when both of these are true:

1. No letters of office are outstanding on the estate, and no petition for letters is planned or pending in Illinois or anywhere else.
2. The personal property passing under the will or by intestacy is limited to tangible and intangible personal property of $150,000 or less, not counting motor vehicles registered with the Secretary of State, plus those registered vehicles.

The affidavit lists each asset with its fair market value. Cash and stock are the examples the form itself gives.

The $150,000 limit and the date it started

Public Act 104-346 raised the limit to $150,000. The statute's source note shows it took effect August 15, 2025. The statute also says the change applies to a decedent whose date of death is on or after that effective date. For a death before then, the earlier limit may apply, so check the date of death before you start.

What counts toward the limit, and a change in 2027

Today, vehicles registered with the Secretary of State sit outside the $150,000 count. The same statute lets the affidavit be used for a title transaction with the Secretary of State, solely to transfer the decedent's vehicles, without looking at the value of the personal estate (5/25-1(a-5), referring to section 3-114(b) of the Illinois Vehicle Code).

Public Act 104-624 amends the same section effective January 1, 2027. After that date the following are no longer treated as excluded vehicles when you work out the value, which means they count toward the $150,000:

• motor vehicles used as living quarters
• motor homes, mini motor homes and van campers
• non-self-propelled vehicles, as defined in section 1-217 of the Illinois Vehicle Code
• commercial vehicles
• implements of husbandry
• buses and commuter vans

The statute page on ilga.gov shows both the current text and the text that takes effect in 2027. If the owner had a camper, a work truck or a bus, the date of death and the date you sign may matter.

What the form requires

The statute's form asks the person signing, called the affiant, to state under oath:

• the decedent's name, date of death and last residence, with a copy of the death certificate attached
• that no letters of office are outstanding or sought
• each asset and its fair market value
• whether the funeral costs and other debts are paid, or a list of the unpaid debts in the statute's seven classes
• the surviving spouse's award, and the award to children if there is no spouse, using $20,000 plus $10,000 for each minor and adult dependent child under the formula on the form
• whether there is a will, the names of heirs or legatees, and who gets what

The form ends with a statement made under penalties of perjury and a space for a notary public, so the signature must be sworn before a notary. The law calls a false statement perjury.

What the person who signs takes on

This is the part families overlook. The affiant must pay every valid claim against the estate before any heir or legatee gets a share (5/25-1(e)). The affiant also agrees to indemnify and hold harmless creditors, heirs and legatees, and the banks that rely on the affidavit, up to the amount lost because of the affiant's act or omission. Someone who recovers on that promise is entitled to reasonable attorney's fees and costs. The statute lets the affiant name an agent in writing to open a safe deposit box or sell personal property to carry out the plan.

What it does not cover

The affidavit transfers personal property. It does not do the job of a deed for real estate, so a house, a condo or land needs another route, such as a recorded transfer on death instrument, a trust, or a probate case. It also cannot be used once someone has asked for letters of office. If a will exists, the form calls for a copy of the filed will to be attached, and the affiant must say they know of no dispute over the will or the heirs.

Try the small estate affidavit checker to see whether your numbers fit.

Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.