How Illinois Probate Works: Small Estate Affidavit (2026)

Illinois offers a streamlined small estate affidavit process for qualifying estates under $150,000 with no real property. This guide explains how it works.

Small Estate Affidavit Process

Steps

1. Prepare affidavit swearing the estate qualifies
2. Get notarized ($10-25)
3. Deliver to institutions holding assets
4. Assets transfer directly to beneficiaries
5. Close (done)

Timeline

2 to 4 weeks from start to finish, often faster.

Key Advantage

No waiting period. File immediately after death. No court involvement. No publication. Assets transfer quickly.

Full Probate (Larger Estates)

For estates over $150,000 or containing real property:

1. File petition with probate court
2. Get appointed as executor (4 to 8 weeks)
3. Notify heirs and publish notice to creditors
4. Inventory filing (60 days from appointment)
5. Creditor claims period (varies)
6. Accounting and court approval
7. Distribute assets
8. Close with court discharge

Timeline

6 to 12 months or longer.

Why Illinois's Affidavit Is Fast

• Immediate filing (no waiting period)
• No court involvement
• No publication required
• Assets transfer directly without court approval
• Streamlined for smaller estates

Use ExecutorBench's free eligibility checker to confirm your Illinois route.

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about Illinois probate procedures, consult an attorney licensed in Illinois.