Small estate affidavit · Illinois
Small estate affidavit in Illinois
When the estate is small enough, Illinois lets heirs collect assets with a sworn affidavit instead of opening probate.
In Illinois, an estate with sole-name assets under $100,000 can usually be settled with the Small Estate Affidavit (755 ILCS 5/25-1) under 755 ILCS 5/25-1. Wait 30 days after death. Present the notarized affidavit and a certified death certificate at each bank.
Quick facts
| Threshold | $100,000 |
|---|---|
| Statute | 755 ILCS 5/25-1 |
| Form | Small Estate Affidavit (755 ILCS 5/25-1) |
| Wait period | 30 days |
Verify with the Circuit Court before filing. Numbers move year to year.
Step by step
Confirm the estate qualifies
Add the date-of-death value of all sole-name assets. Illinois allows the affidavit when the total falls under $100,000, under 755 ILCS 5/25-1.
Wait 30 days
Illinois requires waiting 30 days after death before using the affidavit, allowing creditors time to come forward.
Complete the Small Estate Affidavit (755 ILCS 5/25-1)
Use the form published by Circuit Court or the state revenue department. List every asset, every heir, and your relationship to the deceased.
Sign before a notary
The affidavit must be sworn in front of a notary public. Many banks notarize without charge for account holders.
Present at each institution
Bring the original notarized affidavit and a certified death certificate to each bank, brokerage, or DMV. They release the asset directly to the named heir.
Common questions
What is the small estate threshold in Illinois?
Illinois sets the threshold at $100,000 under 755 ILCS 5/25-1. Estates below that line can usually use the affidavit instead of full probate.
What form does Illinois use?
Illinois uses the Small Estate Affidavit (755 ILCS 5/25-1). Download it from the Circuit Court or the state court website.
Does it transfer real estate?
Usually not. The small estate affidavit covers personal property and accounts. Real property in most states needs a separate affidavit, a TOD deed, or full probate.
Do I still need a death certificate?
Yes. Every institution that releases an asset under the affidavit will ask for a certified death certificate alongside the notarized form.
What if I find more assets later?
If new assets push the total above $100,000, you may need to open full probate at the Circuit Court. Track every asset you find.