Quick answer: no solely owned real estate, personal property (vehicles excluded) at or under $150,000 — the small estate affidavit. Any solely owned real estate — full probate for that asset, regardless of value. Check your own numbers with the Illinois small estate checker.
The vehicle exclusion has no ceiling
Real estate forces full probate at any value
If the only real asset beyond personal property is a solely owned house worth even a modest $80,000, full probate is required for that property regardless of its value — the small estate affidavit never reaches real estate, no matter how small the rest of the estate is.
A will doesn't change the math
The small estate affidavit is available whether or not the decedent left a will, as long as the qualifying personal property stays within the $150,000 threshold either way.
What skips probate before any threshold matters
Property held in joint tenancy with right of survivorship, assets in a properly funded trust, and accounts or policies with a named beneficiary all pass outside probate entirely — the same categories that skip probate in most other states.
The decision, in order
- Is the asset in joint tenancy, a funded trust, or has a named beneficiary? → Skips probate entirely.
- Is there solely owned real estate? → Full probate required for that asset, regardless of value.
- Personal property (excluding vehicles) at or under $150,000, 30 days passed? → Small estate affidavit.
- None of the above fits → Full probate, likely with independent administration.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing (when needed) happens in the circuit court of the county where the decedent resided — Cook, DuPage, and Lake County among the busiest.