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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. Get the free guide and notarize it online.

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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

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

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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

1Get the guideEnter your details above for the step-by-step guide.

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?

Get the free Illinois small estate guide, then notarize your affidavit 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.