Serving Illinois. Your appointment must be handled by an Illinois-commissioned notary.
Small Estate Affidavit - Illinois
Illinois · Fillable PDF · Free
This is Illinois’s statutory small estate affidavit. It lets a family member collect a decedent’s bank accounts, vehicles, and other personal property without opening probate, when the estate is small and has no real estate. This is Illinois’s statutory small estate affidavit.
Illinois residents and families reviewing small estate affidavit instructions.
What you'll need
Read the original packet’s instructions and complete only the fields that apply.
Bring acceptable identification and follow the packet’s signature and witness instructions.
How to complete it
Check that you qualify The decedent’s personal property passing by will or without a will is worth $150,000 or less, not counting registered vehicles; no probate case is open or planned; and the estate has no real estate to transfer.
Complete every paragraph (Pages 1–5) List every asset and vehicle, all unpaid debts by class, the spouse and children, and the heirs or will beneficiaries. Strike the options that do not apply. Attach a death certificate (and a certified copy of any will).
Swear before a notary (last page) The affiant signs under penalty of perjury before a notary. Bring a current, government-issued photo ID. Some courts and banks have their own version of this form, so check first.
A successor trustee uses this form to formally accept appointment as trustee of an Illinois living trust, so banks and title companies can recognize their authority.
When an Illinois will is admitted to probate, the witnesses’ sworn affidavit can prove the will without their appearing in court. It is often signed right after the will.
An affidavit of heirship is a sworn statement of a deceased person’s family history that identifies the legal heirs. Title companies use it to clear title to inherited Illinois real estate, often with a probate order or other proof.
A general assignment moves ownership of personal property, such as furniture, jewelry, and listed assets, into your living trust, so they are managed under the trust and can avoid probate.
A certification of trust is a short summary of a living trust that proves the trust exists and who may act for it, without revealing private details such as beneficiaries and shares.
A disclaimer lets you refuse an inheritance, life insurance proceeds, a trust interest, or other property, so it passes to the next person in line instead of you.
These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.