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Illinois small estate

Illinois small estate limit

The Illinois small estate affidavit limit is $150,000 of personal property passing by will or without a will, not counting registered vehicles. You can't use it if anyone has asked for, or plans to ask for, letters of office (755 ILCS 5/25-1).

Last updated

What counts in Illinois: Tangible and intangible personal property passing by intestacy or under a will, excluding motor vehicles registered with the Secretary of State (motor homes, campers and commercial vehicles do count).

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Did the person who died leave a will?
Is there a surviving spouse or registered partner?

The Illinois small estate affidavit limit is $150,000 of personal property passing by will or without a will, not counting registered vehicles. You can't use it if anyone has asked for, or plans to ask for, letters of office (755 ILCS 5/25-1).

General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.

Small estate affidavit (755 ILCS 5/25-1)

Limit$150,000
What countsTangible and intangible personal property passing by intestacy or under a will, excluding motor vehicles registered with the Secretary of State (motor homes, campers and commercial vehicles do count).
Statute755 ILCS 5/25-1

It covers personal property only, and no letters of office can be issued, pending or planned. The section was last amended by P.A. 104-346 (effective August 15, 2025), and changes made by the 104th General Assembly apply only to deaths on or after that Act's effective date (§ 25-1(j)). For an earlier death, ask the circuit clerk which limit applied.

Common questions

What is the small estate limit in Illinois?

The limit is $150,000 for the small estate affidavit (755 ILCS 5/25-1). It covers personal property only, and no letters of office can be issued, pending or planned. The section was last amended by P.A. 104-346 (effective August 15, 2025), and changes made by the 104th General Assembly apply only to deaths on or after that Act's effective date (§ 25-1(j)). For an earlier death, ask the circuit clerk which limit applied.

What counts toward the Illinois limit?

Tangible and intangible personal property passing by intestacy or under a will, excluding motor vehicles registered with the Secretary of State (motor homes, campers and commercial vehicles do count).

Sources

We last checked the statute text against the official publishers in August 2026.