Illinois small estate affidavit: limits & how it works
Illinois's small-estate affidavit lets you transfer a decedent's personal property without opening a court estate when the estate is $150,000 or less — a limit raised from $100,000 effective August 15, 2025.
IL small-estate limit
$150,000 (raised effective August 15, 2025; vehicles are excluded from the count)
- The threshold is $150,000 as of August 15, 2025 (up from $100,000) — many pages online still cite the old number.
- Vehicles are excluded from the $150,000 count, so a car doesn't push an otherwise-small estate over the line.
- The small-estate affidavit covers personal property; real property held in the decedent's name alone generally still requires probate or a different transfer tool.
- There can be no dispute among the heirs and the affiant takes on legal responsibility for proper distribution — Kindred prepares it carefully and flags anything that should go to an attorney.
Common questions
What is the small estate affidavit limit in Illinois?
$150,000, as of August 15, 2025 — raised from the old $100,000 limit (many pages online still show the old number). Vehicles are excluded from the count. If the estate fits and the heirs agree, you can transfer personal property with the affidavit instead of opening a probate case. Real property in the decedent's name alone generally still needs probate.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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