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
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 counts | 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). |
| Statute | 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.
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).
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Sources
- 755 ILCS 5/25-1 — Illinois General Assembly
We last checked the statute text against the official publishers in August 2026.