IMPORTANT NOTICE REGARDING SMALL ESTATE AFFIDAVIT LIMIT AND MOTOR VEHICLE EXEMPTION
Updated to reflect Public Act 104-0346 (Effective August 15, 2025)
Please note that the Small Estate Affidavit form below reflects the previous statutory asset limit of $100,000, as provided under the Illinois Probate Act.
On August 15, 2025, Governor JB Pritzker signed Public Act 104-0346 into law, which immediately increased the maximum value of a qualifying small estate from $100,000 to $150,000. This change applies only to estates of individuals who passed away on or after August 15, 2025. For deaths occurring before that date, the $100,000 limit remains in effect.
In addition, Illinois law allows the value of any motor vehicle registered with the Secretary of State to be excluded when calculating the total value of the estate for the purpose of determining eligibility to use the Small Estate Affidavit.
You may continue to use this version of the affidavit form, but you must apply the correct asset limit based on the decedent’s date of death. Be sure to also consider the motor vehicles registered with the Secretary of State exemption when determining whether the estate qualifies.
For more information, refer to Public Act 104-0346, the Illinois Probate Act (755 ILCS 5/25-1), or consult with a licensed attorney.