The $150,000 Small Estate Affidavit in Illinois

Under 755 ILCS 5/25-1, a family can collect a dead person's personal property with a sworn small estate affidavit, instead of opening probate, when no one has been appointed to run the estate and the personal estate is no more than $150,000. Cars registered with the Secretary of State are not counted toward that number. Real estate is not covered by the form.

What the limit is, and where it comes from

The current limit is $150,000, set in section 25-1 of the Probate Act. The text reads that the decedent's personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000, excluding motor vehicles registered with the Secretary of State. It also requires that no letters of office are outstanding and no petition for letters is contemplated or pending, here or in any other state.

A change to the section takes effect January 1, 2027 (Public Act 104-624). It says certain vehicle types, such as motor homes, van campers, vehicles used as living quarters, commercial vehicles, implements of husbandry and buses, are not treated as excluded motor vehicles when you total the estate. If you are close to the line, ask about the date of death and which version applies.

What counts toward $150,000

Count what the person owned in their own name that passes under a will or by the Illinois rules for people with no will. That usually means bank accounts, stocks held in the person's name, and personal belongings. Here are two made up examples.

• Example one: $60,000 in a checking and savings account, $30,000 in a brokerage account, and a registered car worth $12,000. The countable total is $90,000, because the car is not counted. The affidavit is available.
• Example two: $95,000 in a savings account and $70,000 in stock held in the person's name. The total is $165,000. It is over the limit, so this form cannot be used.

The statute only counts property that passes under a will or by intestacy. It speaks of the estate passing to any party that way. Accounts that pass by a named beneficiary are a separate question, so list each account and how it is titled before you decide.

What the affidavit says

The statute sets out the form. It is sworn before a notary, and it is signed under penalty of perjury. Among other things, it states:

• The affiant's address, the decedent's name and date of death, and the decedent's last residence. A copy of the death certificate is attached.
• That no letters of office are outstanding and none are contemplated.
• Each asset and its fair market value, and each registered vehicle by make, year and VIN.
• That funeral expenses and debts are paid, or a list of the known unpaid debts by class.
• The surviving spouse and any minor or dependent adult children. For an Illinois resident, the spouse award is $20,000 plus $10,000 for each minor or dependent adult child who lived with the spouse. If there is no spouse, children share $20,000 plus $10,000 per child.
• Whether there is a will. If so, an official copy of the will on file with the court clerk is attached, and the heirs or legatees are named.
• That the affiant knows of no dispute about heirship or the will.

The promise you make by signing

The affiant agrees that valid claims against the estate will be paid before any heir or legatee gets a share, in the order the statute lists. Funeral and burial costs and administration expenses come first. Debts due the United States come third. The last class is all other claims. If the estate cannot pay a class in full, that class is paid pro rata.

The affiant also agrees to indemnify and hold harmless creditors, heirs, legatees and any institution that relied on the affidavit, up to the amount lost through the affiant's act or omission. A person who recovers under that promise gets reasonable attorney's fees and expenses (755 ILCS 5/25-1(e)).

That is real personal responsibility. A mistake about a debt or an asset can come back to the person who signed.

What the form does not cover

The statute is written for personal estate. It does not list real estate, so a house or land in the decedent's name needs another path. It does not fit an estate with a will contest or a dispute about who the heirs are, since the affidavit says the affiant knows of none. Visit the small estate affidavit page and the Will County probate process page to see what fills the gap.

A person who holds the will must file it with the circuit court clerk right away after the death (755 ILCS 5/6-1), even if the family never opens a full estate.

When a bank says no

A financial institution that relies in good faith on an affidavit that substantially follows the statute form is protected (25-1(d)). If an institution refuses to pay or transfer, the person entitled can bring a civil action. For that action the affidavit is prima facie proof of the facts it states (755 ILCS 5/25-3). So a refusal can lead to a court case.

For title changes at the Secretary of State on registered vehicles, the statute allows the affidavit to be used solely for that transfer without considering the value of the personal estate (25-1(a-5)).

Use the small estate affidavit checker for a quick first look. Compare the path with avoiding probate.

Questions people ask

Is the small estate limit $150,000 in Illinois?

Yes. 755 ILCS 5/25-1(a-5) limits personal property to $150,000, not counting motor vehicles registered with the Secretary of State.

Do I need a lawyer to use a small estate affidavit?

The statute does not require one. The affiant signs under oath and takes on personal liability, so many people want a review of the debts and assets before signing.

Does the affidavit work for a house?

No. The statute covers personal estate and does not list real estate.

Are cars counted toward the $150,000?

Registered vehicles are excluded from the count. A change effective January 1, 2027 treats some vehicle types, like motor homes and commercial vehicles, as counted.

What if the person left a will?

You can still use the affidavit. An official copy of the will on file with the court clerk goes with it, and the will must be filed with the clerk right away after the death.

Who gets the money first?

Valid claims are paid first, in the statute's order of classes. Heirs and legatees are paid after that.

Sources

1. 755 ILCS 5/25-1 and 25-3 (Probate Act of 1975), Illinois General Assembly
2. 755 ILCS 5/6-1, Illinois General Assembly

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

This page is general legal information about Illinois law. It is not legal advice, it does not create an attorney client relationship, and it does not account for the facts of any particular case.