Illinois Small Estate Affidavit | Affidavit of Heirship

Illinois, like many states, allows the heirs of a deceased loved one to file either an affidavit of heirship or a small estate affidavit to claim real estate or personal property valued less than $100,000. Loved ones often prefer these methods if their loved one did not have a last will and testament, because they can file for ownership of property within a few years of the decedent’s passing, and they can avoid expensive, time-consuming probate court.

Affidavit of Heirship: The personal or “real” property – vehicles, bank accounts, final paychecks, and sometimes debts – must value at $100,000 or less in order for successors to file an affidavit of heirship to claim the property after a loved one’s death in Illinois.

Small Estate Affidavit: Unlike some other states, a decedent may have had a will, but the will may not have specified distribution of all the decedent’s real estate. A successor may file a small estate affidavit to collect and either distribute or sell the remaining unclaimed real estate.



Adobe PDF | Microsoft Word (.doc)

In Illinois, statute 755 Ill. Comp. Stat. § 5/25-1 provides successors, whether biological or otherwise, the ability to file an affidavit of heirship to claim a decedent’s property. This personal or “real” property – vehicles, bank accounts, final paychecks, and sometimes debts – must value at $100,000 or less to…

Adobe PDF | Microsoft Word (.doc)

The Illinois Probate Act (755 ILCS 5/25-1) was officially updated on January 1, 2015, and applies to any successors whose loved one passed away on or after that date. Unlike some other states, a decedent could have had a will, but the will may not have specified distribution of all…