755 ilcs 5 25 1 2026

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  1. Click ‘Get Form’ to open the Small Estate Affidavit in the editor.
  2. Begin by entering your name as the Affiant in the designated field. Ensure that your post office and residence addresses are filled out accurately.
  3. If you are an out-of-state resident, provide the name and address of your agent for service process in Illinois.
  4. Fill in the decedent’s name and date of death. Attach a copy of the death certificate if not previously submitted.
  5. List the decedent’s place of residence before death and confirm that no Letters of Office are outstanding on their estate.
  6. Indicate the gross value of the decedent’s personal estate, ensuring it does not exceed $100,000. List each asset with its fair market value.
  7. Mark whether all funeral expenses have been paid or list any unpaid expenses along with relevant details.
  8. Provide information about surviving family members, including names, relationships, and ages where applicable.
  9. Indicate whether there is a will or if the decedent died intestate, providing necessary details for each scenario.
  10. Finally, specify how you wish to distribute the property listed in paragraph 6 before signing and dating the affidavit.

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When you use a small estate affidavit, you become legally responsible to any creditors. This means that someone who should have received money or property from the decedents estate can file a lawsuit against you.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.
Many states require a waiting period after the death before the small estate affidavit can be presented for payment. However, Illinois does not require a waiting period so the small estate affidavit can be used immediately. Since the affidavit does not need to be filed with the court, there are no filing or court fees.
How to fill out a small estate affidavit in Illinois Fill in your name and information in #1. Complete the information about the decedent in #2-4. Mark either #7a or #7b depending on what is true. Complete #9a to indicate the names of the spouse and children if any.
You do NOT have to file this document with the court. The purpose of this form is to avoid having to file probate documents with the court. This form, along with a death certificate, is generally all that is required to access property of a decedent in a small estate.

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Increased Estate Value Threshold One of the most notable updates is the increase in the maximum estate value eligible for a small estate affidavit. The threshold has risen from $100,000 to $150,000 (excluding motor vehicles registered with the Illinois Secretary of State).

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