Last verified 2026-11-05; facts checked against the primary sources below
Does Illinois have a small estate affidavit, and what is the limit?
Reviewed by Adam Nathan, founder of The Estate Desk
Last verified: November 5, 2026
The short answer: Yes. Illinois lets an heir collect a person's personal property with a small estate affidavit when the personal estate, not counting registered motor vehicles, is $150,000 or less, no executor or administrator has been appointed, and no one is petitioning for one (755 ILCS 5/25-1(a-5)). The statute sets no waiting period, and the affidavit goes to the bank or other holder, not to a judge. It cannot transfer real estate.
The facts for Illinois
| Question | What the law says | Source |
|---|---|---|
| Limit | $150,000 in personal property, excluding motor vehicles registered with the Secretary of State | § 25-1(a-5)(2)(A) |
| Who can use it | Applies when no letters of office are outstanding and no petition for letters is contemplated or pending in Illinois or any other jurisdiction | § 25-1(a-5)(1) |
| Who signs | One affiant, under oath before a notary, who states their relationship to the person who died | § 25-1(b) |
| Waiting period | The section sets none | § 25-1 |
| Will | Allowed. If there is a will, a certified copy of the will on file with the clerk is attached | § 25-1(b), paragraph 10(b) |
| Bank accounts | Yes. The affidavit lists each asset, such as cash, and its fair market value, and a financial institution holding the person's personal estate must pay on it | § 25-1(a), (b) paragraph 6(a) |
| Vehicles | Registered vehicles are listed by make, body type, year and vehicle identification number and do not count toward the $150,000. If the affidavit is used only for a Secretary of State title transfer, the value of the personal estate is not considered | § 25-1(a-5), (b) paragraph 6(b) |
| Safe deposit box | The holder must grant access on the affidavit | § 25-1(a) |
The form and where it goes
The form is written into the statute itself (§ 25-1(b)). Cook County's Clerk of the Circuit Court posts it as form CCP 0248 for a death on or after August 15, 2025, and as form CCP 0247 for a death on September 4, 1991 through August 14, 2025. Use the one that matches the date of death.
You give the signed, notarized affidavit, with a copy of the death certificate attached, to each bank, company or transfer agent holding the property. A holder that pays in good faith on an affidavit that substantially follows the statute is released as if it had paid an executor (§ 25-1(d)).
What the affidavit cannot do
| Limit | What the law says | Source |
|---|---|---|
| Real estate | The section authorizes transferring personal property. It does not authorize transferring real estate | § 25-1(a-5) |
| Skip the debts | The person who signs must pay valid claims, in the statutory order, before anything goes to an heir or legatee | § 25-1(b) paragraph 7.5, (e) |
| Protect the signer | The signer indemnifies creditors, heirs and holders who lose money relying on the affidavit, and owes their attorney's fees if they recover | § 25-1(e) |
A change coming January 1, 2027
Public Act 104-624 takes effect January 1, 2027. After that date, motor vehicles used as living quarters, motor homes, mini motor homes, van campers, non-self-propelled vehicles, commercial vehicles, implements of husbandry, and buses or commuter vans no longer count as excluded vehicles, so their value counts toward the $150,000 (§ 25-1(a-5), text after P.A. 104-624). An ordinary car or truck is not on that list.
If the estate is over the limit or has real estate
Illinois estates that do not fit the affidavit go through the circuit court. For how long that takes, see how long probate takes in Illinois. For other states, see the Texas small estate affidavit guide, the Ohio guide, the Georgia guide and the California small-estate affidavit guide.
This is general information about Illinois law, not legal advice. An Illinois probate lawyer or the circuit clerk in the county where the person lived can tell you whether your situation qualifies.
The Estate Desk helps families settle estates. theestatedesk.com