How Illinois Probate Works: Small Estate Affidavit (2026)

Illinois offers a streamlined small estate affidavit process for personal property when the estate is $150,000 or less (not counting registered vehicles). This guide explains how it works.

Small Estate Affidavit Process

Steps

1. Prepare affidavit swearing the estate qualifies
2. Sign it under oath before a notary (the statutory form ends with a notary jurat; the in-person notary fee cap is $5, 5 ILCS 312/3-104)
3. Deliver to institutions holding assets
4. Pay funeral expenses and valid claims in class order before any distribution (755 ILCS 5/25-1(e))
5. Distribute to the people entitled and keep records

Timeline

Often a few weeks from start to finish.

Key Advantage

No waiting period. The affidavit goes to the asset holders rather than a court case, with no publication.

Full Probate (Larger Estates)

For estates over $150,000 or that include real property:

Illinois courts generally do not allow a non-attorney to represent an estate in a probate case (In re Estate of Mattson, 2019 IL App (1st) 180805), and the Cook County Clerk says you need an attorney to open a probate estate. Illinois also has summary administration for estates worth $100,000 or less including real estate, when all heirs and legatees consent (755 ILCS 5/9-8). Each distributee must post a bond and notice is published before the hearing (755 ILCS 5/9-8).

1. Your attorney files the petition with the probate court
2. Get appointed as executor (typically 4 to 8 weeks)
3. Notify heirs and legatees: mail the petition and the order to each of them within 14 days after the order (755 ILCS 5/6-10(a), 9-5(b)), and publish notice to creditors
4. Inventory (60 days after letters issue for supervised administration, 755 ILCS 5/14-1; an independent representative sends the inventory to the surety by certified mail within 90 days of letters (28-6(b)) and to interested persons at least 30 days before the closing report (28-6(a)) instead of filing it)
5. Creditor claims (claims date set in the notice, at least 6 months after first publication or 3 months after mailing notice, whichever is later; outer bar 2 years after death)
6. Accounting (to interested persons in independent administration; a verified account to the court within 60 days after the first 12 months in supervised administration, 755 ILCS 5/24-1; 755 ILCS 5/28-11 for independent administration)
7. Distribute assets
8. Close: in independent administration, a verified closing report and discharge 42 days later absent objection (755 ILCS 5/28-11)

Timeline

Typically 6 to 12 months or longer (varies by county).

Why Illinois's Affidavit Is Fast

• No waiting period
• No court case is needed for the affidavit
• No publication required
• Assets transfer without court approval
• Streamlined for smaller estates

Use ExecutorBench's free eligibility checker to see the Illinois route that usually applies.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about Illinois probate procedures, consult an attorney licensed in Illinois.