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755 ILCS 5/25-1 · checked 2026-10-21
Illinois small estate affidavit limit
In Illinois the small estate affidavit is available when the personal estate passing by will or intestacy, not counting motor vehicles registered with the Secretary of State is $150,000 or less; the statute sets no waiting period. It works through an affidavit handed to the bank or other holder, with no court filing.
- 1Dollar limit $150,000
- 2Waiting period None stated
- 3Filed with Asset holder
- 4Statute 755 ILCS 5/25-1
What 755 ILCS 5/25-1 says
The operative words of the statute, as read on 2026-10-21:
“tangible and intangible personal property not exceeding $150,000”
That test is applied to the personal estate passing by will or intestacy, not counting motor vehicles registered with the Secretary of State. The affidavit transfers personal property only; registered motor vehicles are left out of the $150,000 test. No letters of office may be outstanding or contemplated. The section text shows amendments by P.A. 104-346 (effective August 15, 2025) and P.A. 104-624 (effective January 1, 2027); both versions state $150,000, and the 104th General Assembly's changes apply to deaths on or after their effective dates.
Source: 755 ILCS 5/25-1. Last checked 2026-10-21.
Worked examples against the $150,000 limit
| Estate value | Result under 755 ILCS 5/25-1 |
|---|---|
| $90,000 | Within the limit |
| $150,000 | Within the limit |
| $151,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — personal estate passing by will or intestacy, not counting motor vehicles registered with the Secretary of State — not everything the person owned. Illinois's figure is $87,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 5th from the top, level with Florida.
When the route opens
755 ILCS 5/25-1 does not write a waiting period into the procedure, so timing depends on the court's own processing. 31 of the 51 jurisdictions here do set one, most often around 30 days.
If the estate goes through full probate instead, creditors have 6 months counted from first publication of the notice to creditors (755 ILCS 5/18-3(a)). The Illinois probate timeline works those dates through.
Filing and fees
This is a no-court procedure: the person entitled to the property signs the affidavit and presents it to whoever holds the asset — a bank, a transfer agent, a motor-vehicle office. The court fee schedule for Illinois could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby East North Central jurisdictions
Indiana: $100,000 after 45 days; Michigan: $50,000 base after 28 days; Ohio: $35,000; Wisconsin: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Illinois probate court or its self-help center before filing.