Illinois Small Estate Affidavits Explained How to File a Small Estate Affidavit in Illinois

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we explain Illinois small estate affidavits. We answer the questions, “What is a small estate affidavit?” and “What information do you need to file a small estate affidavit.” We also explain how to file a small estate affidavit in Illinois.

What is a small estate affidavit?

A small estate affidavit is a form that the administrator of a deceased person’s (known as the “decedent”) estate can use to collect the decedent’s assets, pay their debts and distribute the balance of the estate to the decedent’s heirs and beneficiaries. Estate administrators can avoid opening a probate case and instead administer an estate without court oversight by using a Small Estate Affidavit if all of the following are true:

• The decedent’s assets amount to less than $100,000 and do not include real estate.
• All of the creditors will be paid.
• No creditors’ claims are contested by the administrator.
• There are no disputes between heirs and beneficiaries.

The affidavit requires the administrator to swear in writing that all of these conditions are met…