Illinois Small Estate Affidavit Checker

$150,000, up from $100,000 as of August 2025

Confirmed against the session law itself: Senate Bill 83 raised the small estate affidavit threshold from $100,000 to $150,000 for deaths on or after August 15, 2025 — a great deal of older material online still cites the previous $100,000 figure, which no longer applies.

Vehicles no longer count toward the cap at all

The same law removed Illinois-registered motor vehicles from the calculation with no dollar limit — a decedent with $140,000 in bank accounts and a $60,000 car can still qualify, with the car transferred separately through the Illinois Secretary of State.

Real estate is never part of the affidavit

If the decedent owned real estate solely in their name, full probate is required for that property regardless of the estate's total value — the affidavit covers personal property only, with no exceptions.

No court filing, just a sworn document

The affidavit is delivered directly to the bank or institution holding the asset — no probate case is opened, no court filing happens at all. A false affidavit is a criminal offense under Illinois law, so accuracy matters more than speed.

A 30-day wait, the same as most states

The affidavit cannot be presented until at least 30 days after the date of death, giving time for a will or other claim to surface before the shortcut is used. The $150,000 threshold applies the same way whether the estate is in Cook, DuPage, Lake, or any other Illinois county.

Illinois small estate — frequently asked questions

What is Illinois's small estate affidavit limit?

$150,000 or less in personal property, excluding Illinois-registered motor vehicles, under 755 ILCS 5/25-1 — raised from $100,000 for deaths on or after August 15, 2025, under Senate Bill 83.

Why are vehicles excluded from the calculation entirely?

Senate Bill 83 removed Illinois-registered motor vehicles from the threshold calculation with no dollar limit at all — a decedent can have $140,000 in bank accounts and a $60,000 car and still qualify, with the car transferred separately through the Secretary of State.

Can the affidavit ever transfer real estate?

No — if the decedent owned real estate solely in their name, full probate is required for that property regardless of the estate's total value or how small the personal property is.

How long do I have to wait to use the small estate affidavit?

At least 30 days after the date of death before the affidavit can be presented to a bank or other asset holder.

Does the affidavit need to be filed with a court?

No — the sworn affidavit is delivered directly to the bank or institution holding the asset, with no probate case opened and no court filing at all. A false affidavit is a criminal offense under Illinois law.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on 755 ILCS 5/25-1, as amended by Senate Bill 83. Actual eligibility depends on the estate's full facts. Confirm with a licensed Illinois attorney before acting.