Illinois Small Estate Affidavit

For estates valued under $100,000 (excluding real estate), Illinois allows heirs to use a small estate affidavit to claim assets without formal probate.

Eligibility Requirements

• Estate value under $100,000 (excluding real estate subject to administration)
• At least 30 days have passed since death
• No probate proceedings have been initiated
• All funeral and burial expenses have been paid

How It Works

1. Wait 30 days after death
2. Complete small estate affidavit form
3. Sign before notary
4. Present affidavit to asset holders (banks, investment firms, etc.)
5. Asset holders must release assets within 60 days

Limitations

Cannot be used for real estate that requires administration. Does not provide protection from creditor claims like formal probate does.