What happens if the estate is over the Illinois limit?

A small estate procedure cannot be used; a probate case in court is needed. Our form blocks values over the limit.

Do I need to write account numbers?

No. We never ask for them. Write them by hand on the copy for each holder, if the holder needs them.

Is it filed with a court?

No. You give the signed affidavit to each bank or other holder of the property.

Can I get it in Spanish?

Yes. You sign the English document and also receive a Spanish reference translation and Spanish instructions.

Affidavit · Illinois

Illinois Small Estate Affidavit (2026)

In Illinois, a small estate affidavit in the form set out in 755 ILCS 5/25-1 lets the affiant collect the personal estate without court proceedings when it is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (deaths on or after August 15, 2025).

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Illinois: key facts

Value limit: $150,000 of personal property, excluding motor vehicles registered with the Secretary of State (deaths on or after August 15, 2025; $100,000 before).
Statutory form: The affidavit must substantially follow the form written in the statute — DoneDoc uses that text.
Court filing: None — the affidavit is given to each holder of the property.
Signing: Sworn before a notary.
Your duty: You must pay valid debts in the order of the statutory classes before distributing, and you indemnify those who rely on the affidavit.
Vehicle rule change: Public Act 104-0624 changes which vehicles count toward the limit starting January 1, 2027.

Official source: 755 ILCS 5/25-1 (Illinois General Assembly) · Last reviewed: October 2026

Frequently asked questions

What happens if the estate is over the Illinois limit?: A small estate procedure cannot be used; a probate case in court is needed. Our form blocks values over the limit.
Do I need to write account numbers?: No. We never ask for them. Write them by hand on the copy for each holder, if the holder needs them.
Is it filed with a court?: No. You give the signed affidavit to each bank or other holder of the property.
Can I get it in Spanish?: Yes. You sign the English document and also receive a Spanish reference translation and Spanish instructions.

Start your document

DoneDoc provides self-help forms and is not a law firm. We recommend having your document reviewed by a licensed attorney in your state before signing.

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