About Small Estate Affidavit
Allows an affiant to collect and distribute a deceased person's personal estate without formal probate administration when the estate does not exceed the small-estate limit ($150,000 for decedents dying on or after August 15, 2025 under 755 ILCS 5/25-1, as amended by P.A. 104-0346, excluding vehicles registered with the Illinois SOS; $100,000 for deaths before that date).
When you'd use it: When a decedent's gross personal estate does not exceed the limit in effect on the date of death ($150,000 for deaths on or after August 15, 2025; $100,000 before), no letters of office are outstanding, and the affiant seeks to settle the estate informally.
Where to get the official form
The official version of Small Estate Affidavit is published as a PDF by the Illinois courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Download Small Estate Affidavit (PDF) →
Source: champaigncircuitclerk.org
Link last checked: August 15, 2026
How to file Small Estate Affidavit in Illinois
- Step 1 — Confirm you have the correct formUse Small Estate Affidavit when a decedent's gross personal estate does not exceed the limit in effect on the date of death ($150,000 for deaths on or after August 15, 2025; $100,000 before), no letters of office are outstanding, and the affiant seeks to settle the estate informally. Double-check it's the right form for your situation — Illinois probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Small Estate Affidavit carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Small Estate Affidavit to the probate court or county clerk handling the estate — usually in the Illinois county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).