Illinois Small Estate Affidavit Limit: $150,000 and No Waiting Period (2026)

Illinois estates with personal property of $150,000 or less (not counting registered vehicles) can use the small estate affidavit procedure, with no mandatory waiting period. The affidavit does not transfer real property.

This guide explains Illinois's streamlined path for smaller estates.

The $150,000 Limit

Illinois allows a small estate affidavit to transfer personal property when no letters of office are outstanding, no petition for letters is pending or planned, and the decedent's personal estate (tangible and intangible, not counting vehicles registered with the Secretary of State) is $150,000 or less (755 ILCS 5/25-1). The affidavit covers personal property, not real property. The $150,000 limit applies to deaths on or after August 15, 2025; earlier deaths used a $100,000 limit.

Illinois's $150,000 limit and Florida's $150,000 limit measure different property, so the numbers are not directly comparable. Illinois counts personal property only, excluding registered vehicles; Florida counts the whole estate subject to administration, including real property, less exempt property.

No Waiting Period in Illinois

Illinois has no mandatory waiting period after death. You can use the small estate affidavit immediately. It is delivered to the institution holding the asset, not filed with a court.

What Counts Toward the $150,000 Limit

Only the personal property that would pass through the estate: assets owned solely in the decedent's name with no beneficiary designation or joint owner. Motor vehicles registered with the Secretary of State are listed separately and are not counted toward the $150,000 for deaths on or after August 15, 2025. For deaths on or after January 1, 2027, motor homes, campers, trailers, commercial vehicles, farm implements and buses count toward the limit (Public Act 104-624).

These do NOT count:

• Joint accounts
• Payable-on-death (POD) accounts
• Life insurance proceeds (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Trust assets
• Transfer-on-death vehicles

How the Affidavit Works

1. Swear under oath that the estate qualifies
2. Get the affidavit notarized (the statutory form ends with a notary jurat, so notarization is required)
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)), then distribute

The affidavit is given to the institution holding the asset rather than filed in a court case, and it does not involve publication. The person signing it must list the decedent's known unpaid debts (or state they were paid), must pay valid claims in class order before distributing, and must indemnify creditors, heirs and legatees (755 ILCS 5/25-1(e); statutory form paragraphs 7.5 and 10.5).

Real Example

An Illinois executor has:

• Checking account (sole): $35,000
• Savings account (sole): $22,000
• Vehicle (sole, registered with the Secretary of State): $9,000
• Brokerage (named beneficiary): $400,000

Personal property counted toward the limit: $57,000 (the registered vehicle is listed on the affidavit separately and is not counted)

Result: This estate is under the limit, so the small estate affidavit may be available. The $400,000 brokerage passes to the named beneficiary outside probate and doesn't count toward the limit.

When Full Probate Is Required

• Personal property exceeds $150,000
• Estate includes real property owned solely by the decedent (the affidavit does not transfer real property). 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)
• Letters of office are outstanding or a petition for letters is pending or planned
• Will is contested or probate is disputed
• Court supervision is needed for other reasons

In these cases, a court probate proceeding (often 6 to 12 months) may be needed. 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.

How the Threshold Compares

Illinois's $150,000 limit and Florida's $150,000 limit measure different property, so the numbers are not directly comparable. Each state's rules and procedures differ, so a higher number does not mean an easier process.

No Waiting Period

Illinois has no waiting period for the small estate affidavit. (California and Texas have waiting periods for their own affidavit procedures, which are different procedures.)

Comparison: Small Estate vs. Full Probate

Factor	Small Estate Affidavit	Full Probate
Personal property limit	$150,000 or less (excluding registered vehicles)	Any size
Waiting period	None	Varies
Court involvement	Affidavit goes to the asset holder	Yes, extensive
Publication	No	Yes
Creditor claims period	The 2-year bar applies (755 ILCS 5/18-12(b)); the signer must list known debts and pay valid claims in class order before distributing	Claims date at least 6 months after first publication (or 3 months after mailing notice, if later); outer bar 2 years after death
Typical time to close	A few weeks	6 to 12 months
Cost	About $145 to $305	Typically $5,000 - $15,000+ (varies by county)

Next Steps

If your Illinois estate qualifies:

1. Gather 10-15 certified death certificates
2. Locate the will and gather asset documentation
3. Prepare the small estate affidavit
4. Get it notarized (required)
5. Deliver to institutions holding assets

Use ExecutorBench's free eligibility checker to see the route that usually applies to the numbers you enter.

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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 small estate affidavits, consult an attorney licensed in Illinois.