About Illinois Small Estate Affidavit
This affidavit allows a person to claim and distribute a decedent's personal estate without formal probate proceedings when the estate value does not exceed $100,000.
When you'd use it: File this affidavit when the decedent's total personal estate (including all property passing by intestacy or will) does not exceed $100,000 and no letters of office are outstanding or pending.
Where to get the official form
The official version of Illinois 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 Illinois Small Estate Affidavit (PDF) →
Source: co.st-clair.il.us
Link last checked: May 31, 2026
How to file Illinois Small Estate Affidavit in Illinois
- Step 1 — Confirm you have the correct formUse Illinois Small Estate Affidavit when file this affidavit when the decedent's total personal estate (including all property passing by intestacy or will) does not exceed $100,000 and no letters of office are outstanding or pending. 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 Illinois 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 Illinois 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).