Small Estate Affidavit Checker for Illinois Families
Illinois lets a family skip probate with a small estate affidavit when the estate is worth $150,000 or less, not counting registered motor vehicles. It does not work if real estate has to pass through the estate. Answer two questions below to see where you stand.
Check the estate
What counts toward the $150,000
The limit is the gross value of the personal estate. Registered motor vehicles are left out of the count. Bank accounts, investments and other personal property that are in the person's name alone usually count.
Accounts with a named beneficiary or a joint owner often pass outside the estate. Jeff checks each one with you.
Other rules the affidavit has
- No letters of office can be outstanding for the estate, and no petition for letters can be planned or pending.
- The affidavit is signed and sworn in front of a notary, under penalty of perjury.
- Anyone who receives property under the affidavit must answer to anyone with a prior right to it, such as a creditor or an heir.
Read the full guide to the small estate affidavit.
Get your plan done. Call Jeff.
Tell Jeff about your family, your home and what you want to happen. He'll explain the next step.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about small estate check
Short answers first. Jeff McCarthy reviews every answer on this page.
It is a sworn form that lets someone collect a small estate's property without opening probate. It applies when the estate is $150,000 or less, not counting registered vehicles.
No. Illinois real estate that has to pass through the estate needs another route, such as probate. A transfer on death instrument made before death can avoid that.
The law does not require one. Mistakes can make you responsible to the heirs and creditors, so many families have Jeff check it first.
Keep reading
Ready for clarity, direction, and legal protection? Fill out the form and let’s begin.
Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
