Updated September 3, 2026. Quick answer: Illinois lets a small estate be settled with Affidavit (“Small Estate Affidavit”): 755 ILCS 5/25-1 does not use a court petition; it is a sworn affidavit furnished directly to whoever holds the decedent’s property., with no waiting period stated in the text we read, and it is Not filed with the probate court. The affidavit is furnished directly to the “person, corporation, or financial institution” indebted to or holding the decedent’s personal estate, controlling access to a safe deposit box, or acting as registrar/transfer agent: 755 ILCS 5/25-1(a).. Real estate: No: the affidavit reaches only tangible/intangible personal property and (uncapped) motor vehicles registered with the Secretary of State. Solely-owned real estate is not covered by this affidavit and requires probate, joint tenancy, or a separate instrument such as a Transfer on Death Instrument..
The verdicts
| Instrument | Affidavit (“Small Estate Affidavit”): 755 ILCS 5/25-1 does not use a court petition; it is a sworn affidavit furnished directly to whoever holds the decedent’s property. |
|---|---|
| Wait after death | not stated |
| Where it goes | Not filed with the probate court. The affidavit is furnished directly to the “person, corporation, or financial institution” indebted to or holding the decedent’s personal estate, controlling access to a safe deposit box, or acting as registrar/transfer agent: 755 ILCS 5/25-1(a). |
| Notarised? | Yes |
| Reaches real estate? | No: the affidavit reaches only tangible/intangible personal property and (uncapped) motor vehicles registered with the Secretary of State. Solely-owned real estate is not covered by this affidavit and requires probate, joint tenancy, or a separate instrument such as a Transfer on Death Instrument. |
| Authority | 755 ILCS 5/25-1 |
What the statute actually says
“When any person, corporation, or financial institution (1) indebted to or holding personal estate of a decedent, (2) controlling the right of access to decedent’s safe deposit box or (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property or right is furnished with a small estate affidavit… the decedent’s personal estate passing to any party by intestacy or under a will is limited to: (A) excluding motor vehicles registered with the Secretary of State, tangible and intangible personal property not exceeding $150,000.” 755 ILCS 5/25-1(a), (a-5)(A).
(755 ILCS 5/25-1)
The dollar limit
The decedent’s personal estate passing by intestacy or will must be “tangible and intangible personal property not exceeding $150,000,” excluding motor vehicles registered with the Secretary of State, which are transferable regardless of value: 755 ILCS 5/25-1(a-5)(A). No separate/higher figure for a surviving spouse was found in this section.
The form
Yes: the prescribed affidavit form is set out within the statute itself (755 ILCS 5/25-1), and several counties (e.g., Cook County Clerk of the Circuit Court form CCP0248, Madison County Circuit Clerk) publish fillable copies of the same statutory form.
What could not be verified
Statute text fetched and read directly from the official Illinois General Assembly site (ilga.gov), confirming the $150,000 figure, the (a-5)(A) personal-property-only scope, the direct-delivery (non-court) filing mechanism, and the built-in sworn/notary form. The specific effective date of the $150,000 threshold (reported by secondary sources as Aug. 15, 2025 per SB 83) was not surfaced as an explicit sentence in the fetched primary text, so that particular effective-date detail is secondary-sourced, not primary-verified.
When this route is the wrong one
- The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
- There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
- Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
- Debts exceed assets. Paying the wrong creditor first can make you personally liable.
Related: how the process works, step by step · affidavit versus summary administration.
Also for Illinois: What Adult Guardianship Costs in Illinois.
General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.
Related: whether Illinois requires the executor to post a bond.