Illinois Small Estate Affidavit Expansion: How to Avoid Probate in 2025

Starting August 15, 2025, Illinois families will have an easier path to avoid probate when a loved one passes away. Thanks to a new law expanding the Illinois Small Estate Affidavit, the definition of a “small estate” is growing — and that means more families can use this simplified process instead of going through a formal probate court process.

What’s Changing with the Illinois Small Estate Affidavit?

Old Rule: For years, the small estate process only applied to estates worth $100,000 or less including the value for all cash, tangible assets, and vehicles.

New Rule effective for people who pass away after Aug. 15, 2025: The limit increases to $150,000 in personal property (not counting vehicles) plus all motor vehicles registered with the Illinois Secretary of State, no matter how many or how valuable they are.

Example: If someone passes away with $125,000 in bank and investment accounts and $155,000 worth of cars, the family can still use the Small Estate Affidavit.

Why This Matters for Illinois Estate Planning 2025

Probate can be costly, time-consuming, and stressful. The Small Estate Affidavit is a simplified process that allows heirs to transfer assets without going to court, which will ultimately save families time and money.

With the higher limit and inclusion of vehicles, many more Illinois families will now qualify to avoid probate Illinois through this streamlined approach.

How to Avoid Probate Illinois: Important Conditions Still Apply

To use a Small Estate Affidavit under 755 ILCS 5/25-1: link to statute

• No probate case can already be open.
• The total personal estate (not counting vehicles) must be $150,000 or less.
• All vehicles must be listed if they are registered in Illinois.
• The affiant (the person signing the affidavit) must swear there are no disputes about heirs or the will, and must indemnify creditors and heirs if something goes wrong.
• If the decedent had a will, a certified copy must be attached.

This means the Illinois Small Estate Affidavit is best suited for straightforward estates with cooperative heirs and no contested debts or disputes.

When Probate May Still Be Better

Even if an estate qualifies as “small,” probate might still be the right choice if:

• A spouse or minor child is entitled to claim awards beyond the minimum statutory amounts.
• A beneficiary plans to disclaim an inheritance.
• There are disputes about the will or heirship.
• There is a concern about potential claims against the estate and it’s better to have a six month claims period under probate rather than two years from the date of death.

In those cases, formal probate provides structure and legal certainty.

Illinois Small Estate Affidavit Requirements Checklist

Before proceeding with the Small Estate Affidavit to avoid probate Illinois, ensure you have:

✓ Verified the estate qualifies under the new $150,000 limit
✓ Confirmed no probate case is pending
✓ Gathered all required documentation
✓ Identified all Illinois-registered vehicles
✓ Obtained certified copy of will (if applicable)
✓ Confirmed all heirs are in agreement

What Families Should Do Now for Illinois Estate Planning 2025

• If you’re creating an estate plan, keep this law in mind. For many families without estate tax exposure (under $4 million in Illinois), simple planning with powers of attorney, a will, and beneficiary designations may be sufficient.
• If you’re dealing with a recent death, know that this expanded Illinois Small Estate Affidavit will apply to decedents who pass away on or after August 15, 2025.

Our Take

This law brings Illinois in line with inflation and modern estate sizes. It’s a win for families who want to avoid probate when the estate is modest or when most assets already pass outside probate (like joint accounts, trusts, or beneficiary designations).

At Long Law Group, we regularly help families decide whether the Illinois Small Estate Affidavit is appropriate or if probate is necessary. Each situation is unique — and it’s important to make sure the affidavit is used correctly to avoid liability or disputes later.

Frequently Asked Questions

What is the new Illinois Small Estate Affidavit limit?

The new limit is $150,000 in personal property (excluding vehicles) plus unlimited motor vehicles registered in Illinois, effective August 15, 2025.

When did the Illinois small estate law change?

The expanded Illinois Small Estate Affidavit law takes effect August 15, 2025, and applies to individuals who pass away on or after that date.

How can I avoid probate in Illinois?

You can avoid probate Illinois through the Small Estate Affidavit (for qualifying estates), joint ownership, beneficiary designations, or trust-based estate planning.

Next Steps

Need guidance on a loved one’s estate? We can help you evaluate whether the new Illinois Small Estate Affidavit process fits your situation, or if probate or trust administration is the better path for your Illinois estate planning 2025 needs. Contact us to get started. Contact@jlonglaw.com or 312-344-3644