A Small Estate Affidavit allows a deceased person’s estate to be transferred to their heirs or beneficiaries, without going through the probate process if it meets specific requirements.

Small Estate Affidavit

For many years in Illinois, estates with a value that exceeded $100,000 had to go through the probate process. Since probate is a long and expensive process, avoiding it is in your best interests.

The most reliable approach to avoiding probate is a Living Trust estate plan that allows for your estate to be administered privately and effectively.

Smaller estates below the $100,000 threshold are administered outside probate if specific requirements are met:

There are no conflicts or disputes among beneficiaries
All creditors are paid
The deceased did not own real estate
No current probate proceeding

If the deceased had a Will, the estate is distributed to the named beneficiaries after all expenses and debts are paid. If there is no Will, then the estate is distributed to the deceased’s heirs (spouse, children, etc).

Small Estate Affidavit Changes

The Illinois Senate passed Bill SB0083, which increases the Small Estates Affidavit limit for estate property to $150,000.

The bill provides that any motor vehicles that are registered with the Secretary of State in the decedent’s entire personal estate must be included in the affidavit with a description of each motor vehicle by make, body type, year, and vehicle identification number.

The law was passed in May and sent to the governor on June 20th, 2025. It will be law on the day the governor signs it.

Although the new affidavit requires more detail, the increased amount is a welcome change to help more families avoid probate.

Of course, anyone with an estate over the new $150,000 limit should consider the benefits of a Living Trust.

If a family member or friend needs assistance with the new Small Estate Affidavit, please have them contact us.

Living Trusts

If you have property, investments, or bank accounts in your name at the end of your life or incapacitation, they risk probate and cybercrime.

A Will = Probate. The rule is that no one can legally sign your name. Therefore, at your death or incapacity, all assets in your name, more than $150,000, are subject to the complete Probate process, which averages 18 months and is costly.
Living Trust completely avoids Probate.
A Living Trust estate plan includes Health Care and Financial Power of Attorney documents and a Last Will and Testament for guardianship of minor children and to “pour over” any assets still in your name at your death out of Probate.
Your life insurance policies and deferred compensation accounts can name your Living Trust as beneficiary, subject to essential tax considerations.

Learn more about Tom Tuohy

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TomTuohy.com
312-559-8400
17W220 22nd Street
Oakbrook Terrace, Illinois, 60181

This blog entry is for information and planning purposes. Therefore, it is not legal advice. Please do not use this blog as legal advice, which turns on specific facts and laws in specific jurisdictions. No reader of this blog should act or refrain from acting based on any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the reader’s state, country, or other appropriate licensing jurisdiction.

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