IL risk area
Probate risk in Illinois
Court-supervised estate process, timing, cost exposure, and public record requirements.
Illinois allows use of a small estate affidavit to transfer qualifying personal property without opening a probate estate.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- A small estate affidavit can be used if no letters of office are outstanding or pending in any jurisdiction.
- Personal property must not exceed $150,000 (motor vehicles may be transferred separately).
- The affidavit authorizes banks and other holders to release or transfer property to the listed successors.
- The small-estate affidavit must list all heirs and legatees and certify that no letters are pending.
Questions to consider
Questions this risk area helps you evaluate in Illinois
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Illinois allows use of a small estate affidavit to transfer qualifying personal property without opening a probate estate.
- A small estate affidavit can be used if no letters of office are outstanding or pending in any jurisdiction.
- Personal property must not exceed $150,000 (motor vehicles may be transferred separately).
- The affidavit authorizes banks and other holders to release or transfer property to the listed successors.
- The small-estate affidavit must list all heirs and legatees and certify that no letters are pending.
Sources
- https://www.ilga.gov/legislation/ilcs/documents/075500050K25-1.htm
- https://www.nolo.com/legal-encyclopedia/illinois-avoiding-probate-31807.html
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Illinois.