The Small Estate Affidavit is Now Available for Estates that Aren’t Quite so Small
The Illinois Probate Act has long provided a streamlined process for handling small estates with a small estate affidavit. This allows heirs to bypass formal probate proceedings, saving time and money. Recently, Illinois enacted Public Act 104-0346, and this brings significant updates to the process. Effective immediately, the threshold for small estate affidavits has been increased from $100,000 to $150,000. The new provision also excludes motor vehicles from the calculation, further expanding its availability.
What is a Small Estate Affidavit?
A small estate affidavit is a legal document that allows heirs to claim a decedent’s personal property without probating the estate in court. Heirs can use a small estate affidavit when the total value of the decedents personal property falls below the statutory threshold and does not include real estate. This simplifies estate administration by allowing the transfer of assets directly to heirs or beneficiaries without having to go through the probate process in court. It is particularly useful for estates with limited assets, as it avoids the time-consuming and costly probate process.
Practical Implications for Illinois Residents
The increased threshold and exclusion of motor vehicles will allow more Illinois residents to take advantage of the small estate affidavit to settle estates without the need for formal probate proceedings. By avoiding probate, heirs of the decedent can save on court fees and legal expenses and will usually result in a quicker transfer of assets, providing financial relief to families during a difficult time. The newly enacted law updates Section 25-1 of the Probate Act but is only applicable decedents whose date of death is on or after the effective date of amendment, August 15, 2025.
Levin Ginsburg provides personalized estate planning services tailored to the individual needs of the client. Get in touch with one of our estate planning attorneys in our Wealth Management and Asset Protection group if you need help navigating Public Act 104-0346.
