An Illinois small estate affidavit is a sworn statement that transfers a deceased person's (the decedent's) personal property under 755 ILCS 5/25-1. Illinois allows it when no letters of office are outstanding, no petition for letters is pending, and the personal estate does not exceed $150,000, not counting registered motor vehicles.[1] The statute prints the affidavit form itself.[2] You can build your Illinois small estate affidavit form online with FormsPal or download the PDF.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Illinois law. If you notice an error or outdated information, please contact us.
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Illinois Small Estate Affidavit Laws and Requirements
Illinois sets the rules for the small estate affidavit in 755 ILCS 5/25-1. A person can use the affidavit to transfer personal property in a decedent's estate. Three conditions apply: no letters of office are outstanding, no petition for letters is pending, and the decedent's personal estate stays within $150,000, not counting registered motor vehicles.[1]
Excluding motor vehicles registered with the Secretary of State, the decedent's entire personal estate passing to any party either by intestacy or under a will does not exceed $150,000.
The affiant (the person who signs the affidavit) states that no letters of office are outstanding. The affiant also states that no petition for letters is pending in Illinois or in any other jurisdiction, to the affiant's knowledge.[1]
Motor vehicles registered with the Secretary of State sit outside the $150,000 figure. The form lists each one by make, body type, year and vehicle identification number.[2]
The affidavit also carries these statements from the affiant:
The affiant has attached a copy of the death certificate.[1]
The affiant must pay all valid claims against the decedent's estate from the estate before any distribution is made to an heir or legatee (a person who receives property under a will).[1]
By signing, the affiant agrees to indemnify and hold harmless the decedent's creditors, heirs, legatees and others who rely on the affidavit. The promise covers any loss caused by the affiant's act or omission, up to the amount lost.[1]
The statement is made under the penalties of perjury.[1]
If the affiant does not live in Illinois, the affidavit must give the name, address and phone number of a person the affiant names as agent for service of process. A nonresident affiant also submits to the jurisdiction of Illinois courts for all matters related to preparing or using the affidavit.[1]
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Filling Out the Illinois Small Estate Affidavit Form
You fill in the Illinois small estate affidavit in the order the form prints its parts. That runs from the county at the top of page 1 to the notary block at the end of page 3. The affiant answers each paragraph on oath, so enter only figures and facts you can support.
The screenshots under each step show the FormsPal Illinois small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
County of ___. Write the county where you sign the affidavit on the COUNTY OF line under STATE OF ILLINOIS.Step 1: sample entries, not a real document.
Affiant, addresses, agent for service and decedent (paragraphs 1 to 4). Enter your name as the affiant, your post office and residence addresses, and the decedent's name, date of death and last residence. The form has lines for an agent for service of process (name, address, city and telephone). It also says a copy of the death certificate is attached.Step 2: sample entries, not a real document.
Assets and their value (paragraph 6). List each asset of the decedent's personal estate with its fair market value on the lines under paragraph 6.Step 3: sample entries, not a real document.
Vehicles and the paragraph 7 mark. For each vehicle, enter the make, body type, year, model and vehicle identification number, then the last year licensed in Illinois and the plate numbers. Next mark (a) if all funeral expenses and debts are paid, or (b) if you will list unpaid debts.Step 4: sample entries, not a real document.
Unpaid debts, Class 1 and Class 2 (paragraph 7). If you marked (b), enter the name, post office address and amount for funeral and burial expenses (Class 1) and for any spouse's or child's award (Class 2).Step 5: sample entries, not a real document.
Class 3: Debts due the United States. Enter the name, post office address and amount of any debt owed to the United States. Leave the lines blank if there is none.Step 6: sample entries, not a real document.
Classes 4 to 6 (paragraph 7, continued). On page 2, list wages owed to employees (Class 4), trust money that cannot be traced (Class 5) and debts to Illinois or local government (Class 6). Give a name, address and amount for each.Step 7: sample entries, not a real document.
Class 7: All other claims. List any other claim with its name, post office address and amount. Paragraphs 7.5 and 8 are printed statements with no fields to fill in.Step 8: sample entries, not a real document.
Surviving spouse, children and awards (paragraph 9). List any surviving spouse and any minor or adult dependent children with their relationship, place of residence and, for a minor child, age. Then enter the award amount from the formula printed in paragraph 9.Step 9: sample entries, not a real document.
No will (10(a)) or will (10(b)). Mark 10(a) and list the heirs with their residence and portion, or mark 10(b) and list the legatees with their residence and portion. If you mark 10(b), attach the certified copy of the will on file that the form refers to.Step 10: sample entries, not a real document.
Your relationship to the decedent (paragraph 10.3). On page 3, write your relationship to the decedent or the estate on the line provided.Step 11: sample entries, not a real document.
Who receives the property (paragraph 11). Enter the name and address of the person the remaining property goes to. Paragraph 10.5 above it is printed text with no fields.Step 12: sample entries, not a real document.
Signature, date and notary. Sign as the affiant and add the date. The form then reads "Subscribed and sworn to before me" with day, month, year and a Notary Public (SEAL) line, so sign in front of the notary, who completes that part.Step 13: sample entries, not a real document.
Frequently Asked Questions
The answers below cover the Illinois small estate threshold and exemption. Both rest on 755 ILCS 5/25-1, which says the decedent's personal estate must not exceed $150,000, not counting registered motor vehicles.[1]
What is the small estate threshold in Illinois?
The small estate threshold in Illinois is $150,000. The decedent's entire personal estate passing to any party by intestacy or under a will must not exceed that amount, not counting motor vehicles registered with the Secretary of State.[1]
What size estate requires probate in Illinois?
For the small estate affidavit, the limit is $150,000 in personal property, excluding registered motor vehicles. An estate above that figure does not meet the statute's condition for using the affidavit.[1]
What is the small estate exemption in Illinois?
The affidavit statute asks for two things together. No letters of office may be outstanding and no petition for letters may be pending, and the personal estate must stay within $150,000, excluding registered motor vehicles.[1]
General information, not legal or tax advice.
Sources
Unless noted otherwise, the sources below are from the Illinois Compiled Statutes.
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
