Free Illinois Small Estate Affidavit

Prepare the Illinois small estate affidavit for estates up to $150,000, plus presentation letters for each holder. 755 ILCS 5/25-1.

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Your Information

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

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Illinois Small Estate Affidavits

Illinois publishes Small Estate Affidavit (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per 755 ILCS 5/25-1(b).

$150,000, per 755 ILCS 5/25-1. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over 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. 755 ILCS 5/25-1(a-5), (f).

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 (755 ILCS 5/25-1(b) ("The foregoing statement is made under the penalties of perjury" + "Signed and sworn before me ... Notary Public")).

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)).

The affidavit covers the personal estate only — indebtedness, personal property, safe deposit box access, and registered evidences of interest. The statute has no real-estate provision; Illinois real property passes by probate or summary administration (755 ILCS 5/Art. IX-A), not by affidavit. 755 ILCS 5/25-1(a), (a-5).

Small Estate Collection in Illinois

Illinois has no statewide affidavit form; 755 ILCS 5/25-1(b) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $150,000, per 755 ILCS 5/25-1. There is no waiting period after the death.

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Frequently Asked Questions About Illinois Small Estate Affidavits

Illinois publishes Small Estate Affidavit (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per 755 ILCS 5/25-1(b).

$150,000, per 755 ILCS 5/25-1. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

The Illinois affidavit is signed before a notary (755 ILCS 5/25-1(b) ("The foregoing statement is made under the penalties of perjury" + "Signed and sworn before me ... Notary Public")).

Small Estate Collection in Illinois

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $150,000, per 755 ILCS 5/25-1. There is no waiting period after the death.

Free Illinois Small Estate Affidavit

Your Information

Frequently Asked Questions About Illinois Small Estate Affidavits