The Illinois General Assembly has made significant updates to the Probate Act of 1975 to improve the small estate affidavit process, giving families more flexibility when settling estates outside of court. These changes, found in 755 ILCS 5/25-1, expand access to a simplified estate settlement procedure.

Increased Estate Value Threshold

One of the most notable updates is the increase in the maximum estate value eligible for a small estate affidavit. The threshold has risen from $100,000 to $150,000 (excluding motor vehicles registered with the Illinois Secretary of State). This adjustment means that more families can now avoid the time and expense of formal probate while still ensuring that assets are transferred properly. (755 ILCS 5/25-1(a-5)(2)(A)).

Simplified Motor Vehicle Transfers

The new law also makes it easier to transfer motor vehicles after death. A vehicle may now be transferred by small estate affidavit regardless of the estate’s overall value, in accordance with Section 3-114 of the Illinois Vehicle Code. This update addresses one of the most common and practical needs faced by surviving family members: transferring title to a car or truck without court intervention. (755 ILCS 5/25-1(a-5)(2)(B)).