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Illinois Small Estate Affidavit: Collect Assets Without Probate

When someone passes away in Illinois leaving $150,000 or less in personal property, heirs can often collect it without probate, using a notarized Small Estate Affidavit. Fill it out and notarize it online.

📄 See a sample of this document

Your information (the affiant)

County where you are signing this affidavitYour full legal nameYour mailing (post office) addressYour residence addressYour email (for payment receipt and to access your notarization session)Your phone number

About the decedent

Decedent's full legal nameDate of deathDecedent's residence immediately before death

Estate assets

List the decedent's personal property/assets and value (one item per line, up to 2 lines)

Vehicle (optional, only if transferring a vehicle title)

Vehicle make (optional)Body type (optional)Year model (optional)Vehicle identification number (VIN) (optional)Last licensed in Illinois in (year) (optional)License plate number(s) (optional)

Debts

Status of the decedent's debts and funeral expensesIf itemizing, creditor name (optional)If itemizing, creditor address (optional)If itemizing, amount owed (optional)

Surviving spouse / minor children (optional)

List surviving spouse and/or minor children, if any (name, relationship, residence - one per line, up to 3) (optional)Statutory award amount allowable to the surviving spouse, if applicable (optional)Statutory award amount allowable to minor children, if applicable (optional)

Heirs or legatees

Did the decedent leave a will on file with the court?List the heirs/legatees entitled to the estate (name, relationship, residence, age if a minor, portion of estate - one per line, up to 3)Your relationship to the decedent or the decedent's estate

Property transfer (optional)

If this affidavit is used to transfer a vehicle title, who should receive it? (name and address) (optional)

Your signature and the notary section are completed live during your notarization session, not here.

You must bring a valid, unexpired government-issued photo ID to your notarization session: a driver's license, non-driver ID, NYC IDNYC card, passport, or other official government ID. Please keep it on hand, you will present it again in front of the notary.

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In Illinois, when a person dies leaving $150,000 or less in personal property (for deaths on or after August 15, 2025), heirs can collect the assets using a Small Estate Affidavit under 755 ILCS 5/25-1, instead of a full probate. It is a sworn affidavit you present directly to the bank or institution holding the asset.

When you can use it

A few common situations

🏦

The estate’s personal property is $150,000 or less (bank accounts, paychecks, refunds, stock)

🚗

Registered vehicles do not count toward the limit and can transfer regardless of value

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No probate case has been opened or is planned for the estate

What you need

A certified copy of the death certificate
The original will, if there is one
Your name and role (heir, or the representative named in the will)
The names of the heirs or beneficiaries and their shares
A description of the specific assets you are collecting
The affidavit, signed in front of a notary

How it works

1Fill it outEnter your details above, your affidavit is created automatically.

2Prepare the affidavitComplete it to meet 755 ILCS 5/25-1.

3Notarize onlineInstitutions require it notarized. Then present it with the death certificate.

Ready to settle the estate?

Fill out your Illinois small estate affidavit and notarize it online in minutes, from anywhere.

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Frequently asked questions

What is the Illinois small estate limit?

$150,000 in personal property for deaths on or after August 15, 2025 ($100,000 for earlier deaths). Registered motor vehicles do not count toward the limit.

Does the affidavit need to be notarized?

Yes. The Illinois Small Estate Affidavit is a sworn statement that must be signed in front of a notary. You can do it online.

Can I use it for real estate?

No. The small estate affidavit covers personal property. Real estate is handled through a different process.

Is there a waiting period?

Illinois does not impose the same fixed waiting period as some states, but you must confirm no probate is pending before you use the affidavit.

← See small estate guides for all states

This page is general information, not legal advice, and is not affiliated with any government agency or court. If you use our online notary partner, NotarEase NYC may earn a referral credit at no extra cost to you. Limits and rules change; confirm current requirements, or consult an Illinois attorney about your situation.

Illinois Small Estate Affidavit (755 ILCS 5/25-1)