Illinois probate checklist: small estate affidavit, court procedures and deadlines

At a glance

Small estate affidavit: what the statute requires

Under 755 ILCS 5/25-1(a-5), the small estate affidavit may be used to transfer personal property in a decedent’s estate if both of these are true:

• No letters of office are outstanding on the decedent’s estate, and no petition for letters is contemplated or pending in Illinois or in any other jurisdiction.
• The decedent’s personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000.00, excluding motor vehicles registered with the Secretary of State, plus those registered motor vehicles. The $150,000.00 limit applies to deaths on or after August 15, 2025 (P.A. 104-346); earlier deaths use $100,000.00 with vehicles counted.

• There is no waiting period: no waiting period language appears in section 25-1.
• The affidavit must follow the statutory form (25-1(b), (d)). It lists debts by class, and it is sworn before a notary.
• The affiant is obligated to pay all valid claims against the estate before any distribution to an heir or legatee (25-1(e), paragraph 7.5), and the form contains an indemnity paragraph in bold 14-point type (paragraph 10.5).
• If there is a will, it must be filed with the clerk and a certified copy attached (paragraph 10(b)).
• A surviving spouse’s award is at least $20,000 plus at least $10,000 for each minor child, and the court can award more (755 ILCS 5/15-1).
• From January 1, 2027, motor homes, campers, trailers, commercial vehicles, farm implements and buses count toward the limit (P.A. 104-624).
• All claims that could have been barred are barred 2 years after the death, whether or not letters are issued (755 ILCS 5/18-12(b)).

The affidavit is not a court case: it is given to each institution holding an asset. ExecutorBench does not prepare it.

Court procedures and costs

• Summary administration (755 ILCS 5/9-8) is limited to real and personal estate of $100,000 or less, requires the written consent of all heirs and legatees and a bond with surety from each distributee, and requires publication once a week for 3 successive weeks, not less than 30 days before the hearing.
• Opening an estate in Cook County: the Clerk’s Probate Division fee schedule CCP-0607 (10/01/25) lists a new case filing fee of $479.00 for a decedent estate. The schedule also lists appearance fees, so confirm the current amounts with the Clerk.

When an attorney is required

• Illinois courts generally do not allow a non-attorney to represent an estate in a probate case (In re Estate of Mattson, 2019 IL App (1st) 180805).
• The Cook County Clerk says: “To open a Probate Estate, you need to hire an attorney.”
• The small estate affidavit is not a court case.
• ExecutorBench never files anything for you and does not replace an attorney in a court case. In a court procedure it lays out the plan so you can work with your attorney.

Key Illinois deadlines and dates

Dates ExecutorBench shows are planning dates computed from the dates you enter. Confirm each with the court.

What ExecutorBench does in Illinois

• Applies the Illinois rules above to the numbers you enter and shows the route that the rules point to, with the reason in plain language. It is not a legal determination.
• Counts registered vehicles the way the statute does for the date of death you enter, including the vehicle types that count from January 1, 2027.
• Lists the Illinois tasks and planning dates for your route, including the will filing, the notice to heirs and legatees, the inventory, the creditor dates and the closing steps, and lets you record court dates so later dates recalculate.
• Drafts notification letters (banks, creditors, insurers, credit bureaus) with a draft notice.
• Produces a worksheet that organizes the facts for the small estate affidavit, and an asset and debt summary.

It does not give legal advice, generate the affidavit itself, file anything with a court, or replace an attorney in a court case.

Pricing

• Free: the eligibility checker and an estate workspace with the immediate tasks.
• Estate Action Plan PDF, $29: a one-time snapshot of your route, deadlines and checklist for one estate. The amount is credited toward your first upgrade on that estate.
• Guided, $199: the full task plan with the state dates ExecutorBench tracks, one-time, per estate.
• Complete, $499: everything in Guided plus the letters and worksheets, and a read-only portal for beneficiaries, one-time, per estate.