When someone dies in Illinois, not every estate requires full probate in Circuit Court. If the deceased owned $100,000 or less in personal property subject to probate, Illinois's Small Estate Affidavit (755 ILCS 5/25-1) lets you collect those assets with a notarized document — no court filing, no attorney, no filing fee. Unlike most states, Illinois has no mandatory wait period — you can present the affidavit as soon as you obtain a certified death certificate.
The Three Requirements
- The total personal property subject to probate is $100,000 or less
- No probate proceeding has been filed or is pending for the estate
- You are an heir or successor entitled to the property under Illinois law or the will
What Counts Toward the $100,000 Threshold?
Count: Personal property with no beneficiary designation or surviving joint owner — sole-name bank accounts, vehicles in the deceased's name only, and investment accounts without beneficiary designations.
Do NOT count:
- Accounts with a named beneficiary (POD, TOD, life insurance, IRAs) — pass directly to the named beneficiary
- Joint tenancy property — passes to the surviving owner
- Trust assets — controlled by the trustee
- Real estate — always excluded from the affidavit procedure
Qualifying and Non-Qualifying Examples
| Asset | Value | Qualifies? | Reason |
|---|---|---|---|
| Checking account (sole name, no beneficiary) | $45,000 | ✅ Yes | Personal property, decedent's name only |
| Vehicle (sole title) | $22,000 | ✅ Yes | Personal property; total so far = $67,000 |
| Savings account (sole name, no beneficiary) | $28,000 | ✅ Yes | Total = $95,000 — under $100,000 ✅ |
| House (sole ownership) | $385,000 | ❌ No | Real estate — requires Circuit Court probate |
| IRA with named beneficiary | $150,000 | ❌ N/A | Passes directly to beneficiary — not probate property |
| Additional investment account (no beneficiary) | $12,000 | ❌ No | Total would be $107,000 — exceeds $100,000 threshold |
How to Use the Illinois Small Estate Affidavit — Step by Step
- Obtain a certified death certificate (order from Illinois DPH Vital Records at dph.illinois.gov — allow a few business days)
- Confirm eligibility — total personal property subject to probate is $100,000 or less; no probate proceeding is open
- Draft the affidavit stating: the decedent's name and death date; that total personal property subject to probate is $100,000 or less; no probate is pending; your relationship and legal entitlement to the property; and a specific description of each asset claimed
- Sign before a notary public
- Attach a certified death certificate
- Present the affidavit directly to the asset holder — bank, Illinois Secretary of State (vehicle title transfer), investment broker
- The asset holder must transfer the property — they are legally protected when acting on a valid affidavit under 755 ILCS 5/25-1
Illinois vs. Neighboring State Thresholds
| State | Threshold | Wait Period | Real Estate? |
|---|---|---|---|
| Illinois | $100,000 | None | No |
| Wisconsin | $50,000 | 30 days | No |
| Missouri | $40,000 | 30 days | No |
| Iowa | $25,000 | 40 days | No |
| Indiana | $50,000 | 45 days | No |
| Michigan | $15,000 | 28 days | No |
| Kentucky | $30,000 | None | No |
Illinois's $100,000 threshold with no wait period is one of the most favorable small estate procedures in the Midwest. More estates qualify in Illinois than in most neighboring states, and there's no delay before you can act.
What If the Estate Doesn't Qualify?
If the estate includes real estate in the decedent's sole name, or if personal property exceeds $100,000, you must open probate with the Illinois Circuit Court in the county of domicile. If the will authorizes independent administration (755 ILCS 5/28) or all heirs consent, you can significantly reduce court supervision. See our Illinois Probate Process guide for the complete procedure.