Illinois Raises Small Estate Affidavit Threshold & Revises Rules Effective August 15, 2025
The Illinois General Assembly recently passed changes to the Probate Act (SB 0083 / Public Act 104‑0346) that meaningfully expand the use of the Small Estate Affidavit process. Below is a summary of the key changes — and practical considerations for attorneys and clients.
What’s Changed Higher Dollar Threshold – The cap on a decedent’s personal property that may be handled via a small estate affidavit has been raised from $100,000 to $150,000.
Exclusion of Motor Vehicles from the Valuation – Motor vehicles registered with the Illinois Secretary of State are no longer counted toward the $150,000 ceiling. However, if a small estate affidavit is used solely for title transfer with the Secretary of State (i.e. for vehicles), then the value of the decedent’s personal estate need not be considered. The affidavit must include a description of each motor vehicle: make, body type, year, and VIN.
Scope & Limitations Remain – Real estate still disqualifies the estate from using the small estate affidavit. No letters of office may be outstanding, and no petition for letters may be pending or intended. The changes apply only to decedents whose date of death is on or after August 15, 2025.
Affiant Duties & Liability – The affiant must still list all the decedent’s assets, debts, and heirs/legatees satisfy valid claims and expenses and indemnify heirs or creditors for reliance. Nonresident affiants must submit to Illinois court jurisdiction and appoint an agent for service of process.
Why This Matters Greater Eligibility
- Estates previously excluded from the affidavit process may now qualify.
Cost & Time Savings – More clients can avoid court costs, legal fees, and delays inherent in probate.
Titration Flexibility – High‑value vehicles will not force an estate over the prior limit just to transfer title.
