Illinois Amends the Probate Act With Key Changes to Small Estate Affidavit

At a Glance

• Effective August 15, 2025, estates can be administered by Small Estate Affidavit if the total value of assets is less than $150,000 and does not include real estate.
• Further, vehicles no longer count toward the $150,000 limit for using a Small Estate Affidavit in Illinois, making it easier for families to transfer assets without opening probate.
• Families can now transfer a decedent’s vehicles through the Secretary of State regardless of value, and coupled with the increased small estate limit, reducing the need to open probate estates in Illinois.

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On August 15, 2025, the Illinois General Assembly enacted a key amendment to the Probate Act of 1975 (the Probate Act) under Senate Bill SB0083 designed to streamline the administration of small estates in Illinois. This change may give families of Illinois decedents greater flexibility and fewer procedural headaches when settling their loved one’s estates.

Small Estate Affidavit Qualification Updates

The Small Estate Affidavit (SEA) allows a person (typically a close family member) the power to transfer a deceased family member’s tangible and intangible assets without the need to open a formal probate estate in county court. If an estate qualifies as a small estate under the terms of the Probate Act, the affiant can complete the affidavit — signing under penalty of perjury and before a notary public — and then can present the SEA to financial institutions or the Secretary of State of Illinois to collect assets or transfer title to the decedent’s cars, which are held individually by the decedent at the time of their death.

Previously, to qualify to use a SEA, the decedent’s tangible and intangible assets must not have exceeded $100,000, including the value of any vehicles owned by the decedent at death. However, effective August 15, 2025, the Probate Act raises the small estate limit to $150,000. Most notably, vehicles owned by the decedent can be transferred irrespective of the value of the decedent’s other assets, and thus do not count toward that $150,000 maximum limit. These changes are applicable to decedents who die on or after August 15, 2025. Note that if the decedent owned any real estate in Illinois, whatever the value, this would still trigger the need for a formal probate administration.

Simplified Vehicle Transfers Reduce Probate in Illinois

Given today’s vehicle values, estates had easily exceeded the previous $100,000 threshold, forcing families to open probate estates even for just a handful of nominal accounts and cars. Additionally, this frequently impacted clients who created revocable “living” trusts to avoid probate and undertook the proper steps to transfer the majority of their assets into those trusts during their lifetimes, because funding vehicles to revocable trusts is generally not recommended. If the vehicles were titled individually at the time of that person’s death (as opposed to jointly with a surviving joint tenant or with a validly executed transfer-on-death beneficiary filed with the Secretary of State), it was not uncommon that a probate estate would still be required just to transfer ownership in the vehicles.

Now, families will be able to work directly with the Secretary of State to transfer all of the decedent’s vehicles regardless of total value and rely on an SEA for all other assets as long as they do not exceed $150,000 or contain real property. This could significantly decrease the number of probate estates required to be opened in Illinois, potentially saving clients tens of thousands of dollars in legal fees and expenses.

Actions for Illinois Residents

Illinois residents should proactively review their estate plans with their attorneys. By examining asset titling and planning strategies, families can maximize efficiency and simplify estate administration, making the process as easy and stress-free as possible for loved ones.