Illinois Small Estate Affidavits

Illinois Small Estate Affidavits Explained How to File a Small Estate Affidavit in Illinois

Video by Attorney Kevin O'Flaherty
Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
October 28, 2019

In this article, we explain Illinois small estate affidavits. We answer the questions, “What is a small estate affidavit?” and “What information do you need to file a small estate affidavit.”  We also explain how to file a small estate affidavit in Illinois.

What is a small estate affidavit?

A small estate affidavit is a form that the administrator of a deceased person’s (known as the “decedent”) estate can use to collect the decedent’s assets, pay their debts and distribute the balance of the estate to the decedent’s heirs and beneficiaries. Estate administrators can avoid opening a probate case and instead administer an estate without court oversight by using a Small Estate Affidavit if all of the following are true:

  • The decedent’s assets amount to less than $100,000 and do not include real estate.
  •  All of the creditors will be paid.
  • No creditors’ claims are contested by the administrator.
  • There are no disputes between heirs and beneficiaries.

The affidavit requires the administrator to swear in writing that all of these conditions are met and to set forth how the assets of the estate will be distributed.  The administrator will be legally empowered to collect and distribute the decedent’s property by presenting financial institutions and any other business or person who has the decedent’s property with a copy of the small estate affidavit, a copy of the death certificate, and a certified copy of any existing will.

Read more about the pros and cons of small estate affidavits as well as information on probate here.

What information do you need to file a small estate affidavit?

You need to supply the following information in the small estate affidavit.

  • Your (affiant’s) name, address and phone number, as well as your relationship to the decedent.
  • The name and contact info for an Illinois resident if you are not an Illinois resident who can serve as an agent for service of process in your absence.
  • The decedent’s name, date of death, address of residence prior to death.
  • Description and valuations of the decedent’s assets, including vehicle make, model, VIN and license plate number.
  • Information on the decedent’s funeral and burial expenses, surviving spouse/dependent award and outstanding debts.
  •  Name and place of residence of any surviving spouse, minor children or adult dependents.
  • Breakdown of how the decedent’s estate will be distributed to heirs.

Does a small estate affidavit need to be filed with the court in Illinois?

A small affidavit does not need to be filed with a court. You can find the small estate affidavit form from the Illinois Secretary of State online or in person at your local circuit county clerk’s office. Once it’s filled out, make at least one extra copy of the affidavit. The form must be notarized, so make sure you don’t sign it until you can do so in the presence of a notary public. You’ll also need to attach a copy of the death certificate and a certified copy of the will, if there is one.

To learn how to administer an estate once the Small Estate Affidavit has been filed, check out our article: How to Administer an Estate in Illinois.

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

What are Illinois Small Estate Affidavits?

Need Legal Help? 

Schedule a

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Estate Planning

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers

loading ...
Naperville attorney
DuPage County Probate Attorney

Subscribe to our mailing list

* indicates required