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IL · Circuit Court (Cook County: Probate Division)

Illinois

Small-estate-affidavit threshold and procedure under § 755 ILCS 5/25-1.

Verified 2026-05-04
Personal property
$150,000
statutory cap
No mandatory wait

For decedents dying on/after Aug 15 2025 (P.A. 104-XXX). Pre-Aug 2025 figure was $100,000. Motor vehicles excluded.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Illinois's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: For decedents dying on/after Aug 15 2025 (P.A. 104-XXX). Pre-Aug 2025 figure was $100,000. Motor vehicles excluded.

Real property
Excluded — personal property only

Affidavit covers personal estate only; presented to property holder, not court-filed.

03

Where to file

File with the Circuit Court (Cook County: Probate Division) in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Illinois judicial system operates an authoritative court locator.

Find your county’s Circuit Court (Cook County: Probate Division) via the Illinois judicial council website. Search for “Illinois Circuit Court (Cook County: Probate Division) county locator” or visit the state government court directory.

Note: in Illinois, the small-estate affidavit is generally presented to the property holder (bank, brokerage, registrar) rather than filed with the court. The court named above is the venue for related probate matters and any contested questions.

04

Form & statute

Form
Statute
§ 755 ILCS 5/25-1
https://www.ilga.gov/legislation/ilcs/ilcs.asp
small estate affidavit