Settling an estate after a loved one’s death can be time-consuming and costly—especially when court-supervised probate is involved. But for many Illinois families, a pending change to the law may offer a simpler and faster alternative.
Under Senate Bill 83 (SB0083), Illinois lawmakers have voted to raise the small estate limit from $100,000 to $150,000, making it easier to use a small estate affidavit and avoid probate. As of this writing, the bill has passed the General Assembly and is awaiting the governor’s signature to become law.
Let’s break down what this pending legislation means and how it might apply to your situation.
What Is a Small Estate Affidavit?
A small estate affidavit is a legal document that allows heirs or legatees to collect the assets of a deceased person without opening a probate case in court. Under Section 25-1 of the Illinois Probate Act (755 ILCS 5/25-1), you can use this affidavit if:
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The gross value of the decedent’s personal property is within the statutory limit (currently $100,000, proposed to increase to $150,000);
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No letters of office are outstanding and no probate petition is pending; and
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You are prepared to list all known debts and follow the priority of claims set by law.
This process is commonly used to transfer bank accounts, investment holdings, and vehicles registered with the Illinois Secretary of State.
What Would Change Under SB0083?
If signed into law, SB0083 will increase the cap for qualifying small estates to $150,000, up from $100,000. You can view the full legislative text here (PDF).
This change reflects inflation and the rising value of personal property, and it ensures more modest estates can bypass probate entirely—saving families time and money.
Until the bill is signed and enacted, the current $100,000 limit remains in effect.
Benefits of Using a Small Estate Affidavit
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No Probate Required: No need to open a formal estate case in court.
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Faster Access to Assets: Financial institutions and others can release funds with a properly executed affidavit.
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Cost-Effective: Saves on attorney’s fees and court filing costs.
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Efficient: Especially useful when the estate is limited to personal property with no real estate involved.
Responsibilities of the Affiant
If you’re preparing a small estate affidavit, you must:
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Disclose all assets and known debts;
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Follow statutory claim priorities before distributing property;
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Indemnify financial institutions and beneficiaries in case of errors;
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Understand that a false affidavit is a criminal offense under Illinois law.
For guidance or support, visit our Probate Administration page or contact our office directly.
When to Use the Affidavit—and When Not To
This option is best for small, uncontested estates with clear heirs and no real estate. If the estate includes a home, exceeds the $100,000 limit (or $150,000 if SB0083 becomes law), or involves conflicts, formal probate is likely required.
If you’re unsure, our firm can evaluate your situation and recommend the right path.
How A.H.Steinmetz, Ltd. Can Help
At A.H.Steinmetz, Ltd., we assist families across Monroe, St. Clair, and Madison Counties with probate and estate matters—including preparing and executing small estate affidavits.
If this pending law might apply to your family’s situation, we can help you prepare now and move quickly once the law takes effect. Contact us or book a consultation to get started.
