Illinois Small Estate Affidavit: Step-by-Step (2026)

Illinois's small estate affidavit is a short process: prepare the affidavit, sign it under oath, and deliver it to the institutions holding assets. There is no waiting period, and many estates finish in a few weeks.

Who Qualifies

• Personal property totals $150,000 or less, not counting vehicles registered with the Secretary of State
• No letters of office are outstanding and no petition for letters is pending or planned
• The affidavit covers personal property, not real property
• No waiting period requirement

Timeline

• Day 0: Prepare and sign the affidavit (no waiting period)
• Day 0-1: Deliver to institutions
• Weeks 1-2: Assets transfer to beneficiaries
• Total: often a few weeks

Step-by-Step

1. Gather Documents

• 10-15 certified death certificates
• If there is a will: a certified copy of the will on file (the will must already be filed with the circuit court clerk; statutory form paragraph 10(b))
• A copy of the death certificate to attach to the affidavit (statutory form paragraph 3)
• Asset list with values
• Beneficiary information
• Your identification

2. Prepare the Affidavit

Swear under oath that:

• The decedent has died
• Personal property totals $150,000 or less (excluding registered vehicles)
• No letters of office are outstanding and no petition for letters is contemplated
• The decedent's known unpaid debts, if any, listed by class
• List of assets and beneficiaries
• You will pay funeral expenses and valid claims in class order before any distribution (statutory form paragraph 7.5)
• The indemnity paragraph in bold type (statutory form paragraph 10.5)

3. Sign Before a Notary

Sign the affidavit before a notary public. The statutory form ends with a notary jurat, so notarization is required. The in-person notary fee cap is $5 (5 ILCS 312/3-104).

4. Deliver to Institutions

Take the signed affidavit and death certificates to each bank, brokerage, vehicle title office, or other asset holder.

5. Collect Receipts

Keep receipts showing assets were transferred.

Cost

Item	Cost
Death certificates (10)	$100 - $200
Notary (in-person cap $5, 5 ILCS 312/3-104)	$5
Document copies	$20 - $50
Postage and misc.	$20 - $50
Total	$145 - $305

Key Advantages

• No waiting period
• No court case is needed for the affidavit itself
• No publication required
• Low cost
• Often a quick close (a few weeks)

Common Mistakes to Avoid

• Counting assets that don't count (joint accounts, POD accounts, trusts)
• Expecting the affidavit to transfer real property (it does not)
• Not having the affidavit notarized (the statutory form requires a notary jurat)
• Distributing before paying valid claims in class order
• Not ordering enough death certificates
• Filing before gathering all necessary documents

Unsure If You Qualify?

Use our free small estate 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 procedures, consult an attorney licensed in Illinois.