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 motor vehicles registered with the Secretary of State (which do not count toward the $150,000 limit through 2026; see the dollar limit below for the 2027 change). 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.
Put your own estate through the Attorney General’s method: Illinois estate tax calculator.
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 motor vehicles registered with the Secretary of State (which do not count toward the $150,000 limit through 2026; see the dollar limit below for the 2027 change). 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
“The small estate affidavit set forth in subsection (b) may be used to transfer personal property in a decedent’s estate if: (1) no letters of office are outstanding on the decedent’s estate and no petition for letters is contemplated or pending in this State or in any other jurisdiction; and (2) 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; and (B) motor vehicles registered with the Secretary of State.” 755 ILCS 5/25-1(a-5).
(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 not counted toward the $150,000 through 2026. From January 1, 2027, P.A. 104-624 counts motor vehicles used as living quarters, motor homes, mini motor homes, van campers, non-self-propelled vehicles, commercial vehicles, implements of husbandry, buses and commuter vans toward the limit: 755 ILCS 5/25-1(a-5). 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 $150,000 threshold took effect August 15, 2025 (Public Act 104-346), per the source line on the official Illinois General Assembly text of 755 ILCS 5/25-1.
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.