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

Illinois's small estate affidavit is simple: prepare a one-page affidavit, get it notarized, and deliver it to the institutions holding assets. No court, no waiting period, closes in 2 to 4 weeks.

Who Qualifies

• Probate assets total $150,000 or less
• No real property owned solely by the decedent
• No waiting period requirement

Timeline

• Day 0: Prepare and notarize affidavit (immediate, no waiting)
• Day 0-1: Deliver to institutions
• Weeks 1-2: Assets transfer to beneficiaries
• Total: 2 to 4 weeks

Step-by-Step

1. Gather Documents

• 10-15 certified death certificates
• Original will or certified copy
• Asset list with values
• Beneficiary information
• Your identification

2. Prepare the Affidavit

Swear under oath that:

• The decedent has died
• Probate assets total $150,000 or less
• No real property is in the estate
• List of assets and beneficiaries

3. Get Notarized

Have the affidavit notarized by a notary public ($10-25).

4. Deliver to Institutions

Take the notarized 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	$10 - $25
Document copies	$20 - $50
Postage and misc.	$20 - $50
Total	$150 - $325

Key Advantages

• Immediate filing (no waiting period)
• No court involvement
• No publication required
• Minimal cost
• Fast close (2 to 4 weeks)

Common Mistakes to Avoid

• Counting assets that don't count (joint accounts, POD accounts, trusts)
• Including real property (disqualifies the process)
• Not getting affidavit notarized
• Not ordering enough death certificates
• Filing before gathering all necessary documents

Unsure If You Qualify?

Use our free small estate eligibility checker to confirm.

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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 small estate procedures, consult an attorney licensed in Illinois.