Free Illinois Small Estate Affidavit

In Illinois, the Small Estate Affidavit covers estates with personal property of $150,000 or less, presented directly to the bank or other holder, not filed with a court.

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Your Information

The Illinois affidavit identifies the claiming successor and the basis of entitlement.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

Email Address*

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Illinois publishes Small Estate Affidavit, which the statute requires; the affidavit reproduces the statutory form.

In Illinois, estates with personal property of $150,000 or less skip probate with the Small Estate Affidavit. Real property is outside the affidavit, which reaches personal property only. Illinois sets the limit by the decedent's date of death; an earlier death may be measured against a lower figure. An estate over the limit does not qualify, and no affidavit is prepared for it.

Any affiant who can make the statutory form's statements — usable only when no letters of office are outstanding on the decedent's estate, no petition for letters is contemplated or pending in Illinois or any other jurisdiction, and the personal estate passing by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 (excluding registered motor vehicles) plus motor vehicles registered with the Secretary of State. A non-resident affiant submits to Illinois jurisdiction and must name an agent for service of process.

The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The person, corporation, or financial institution (1) indebted to or holding personal estate of the decedent, (2) controlling the right of access to the decedent's safe deposit box, or (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right — which must then pay, grant access, deliver, or transfer as specified in the affidavit.

The Illinois affidavit is signed before a notary.

Small Estate Collection in Illinois

Illinois publishes Small Estate Affidavit, which the statute requires, and the affidavit reproduces the statutory form. Illinois's name for the procedure is “Small Estate Affidavit”; it collects the decedent's property from whoever holds it without a probate case being opened.

The ceiling is $150,000; an estate over it does not qualify. Real estate is outside it; it reaches personal property. The ceiling is set by the decedent's date of death, so an earlier death may be measured against a lower figure. Illinois sets no waiting period after the death.

Illinois says who may sign: Any affiant who can make the statutory form's statements — usable only when no letters of office are outstanding on the decedent's estate, no petition for letters is contemplated or pending in Illinois or any other jurisdiction. The affiant signs it before a notary.

Who receives it: The person, corporation, or financial institution (1) indebted to or holding personal estate of the decedent, (2) controlling the right of access to the decedent's safe deposit box, or (3) acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right — which must then pay, grant access, deliver, or transfer as specified in the affidavit.

The effect on the holder and on the successor: Any person, corporation, or financial institution acting in good-faith reliance on a copy of a document purporting to be a small estate affidavit substantially in compliance with subsection (b) is fully protected and released on payment, delivery, transfer, access, or issuance, as if dealing with the estate's representative (§ 25-1(d)). The affiant must pay all valid claims before distribution and indemnifies creditors, heirs, legatees, and relying parties, with attorney fees for parties recovering under the indemnity (§ 25-1(e)).

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Illinois statutes and official state code. How we research.

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Free Illinois Small Estate Affidavit

In Illinois, the Small Estate Affidavit covers estates with personal property of $150,000 or less, presented directly to the bank or other holder, not filed with a court.

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Small Estate Collection in Illinois

Free Illinois Small Estate Affidavit

Your Information

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Free Illinois Small Estate Affidavit

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