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Small Estate Affidavit Limits in Illinois

In Illinois, a small estate affidavit can transfer personal property if the personal estate, not counting registered motor vehicles, is $150,000 or less; it cannot be used for real estate.

Last checked . General information, not legal advice.

Illinois at a glance

Maximum estate value
$150,000
Tangible and intangible personal property, not counting most motor vehicles registered with the Secretary of State.
Waiting period after death
None in statute
Real estate can pass
No
The affidavit may be used to transfer personal property.

Sources

Last checked

The rules in Illinois

What is the maximum estate value for a small estate affidavit in Illinois?

Maximum estate value in Illinois: $150,000. Tangible and intangible personal property, not counting most motor vehicles registered with the Secretary of State.

How long after the death must you wait to use a small estate affidavit in Illinois?

Waiting period after death in Illinois: None in statute.

Can real estate pass by small estate affidavit in Illinois?

No. Real estate can pass in Illinois: no. The affidavit may be used to transfer personal property.

Where do the Illinois small estate affidavit limits come from?

The rules above come from 755 ILCS 5/25-1. Each source is linked on this page. We last checked them in October 2026.

Good to know

The section was amended by P.A. 104-346 (effective Aug. 15, 2025). P.A. 104-624, effective Jan. 1, 2027, lists vehicles such as motor homes and commercial vehicles that will count toward the limit.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.