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)).

Streamlined Process for Small Estates

The small estate affidavit remains a valuable tool for distributing assets such as bank accounts, personal property, and safe deposit box contents without opening a probate case. The process may be used when:

• No letters of office have been issued; and

• No petition for probate is pending.

By presenting the affidavit, heirs or legatees may claim property directly from financial institutions, corporations, or individuals holding estate assets.

A Common Issue in Estate Administration

A frequent issue that families encounter is that institutions—such as a life insurance company or the decedent’s bank—will request letters of office and even a taxpayer identification number (EIN) for the estate before releasing funds. However, letters of office are only issued when an estate is formally probated, and while obtaining an EIN from the IRS is relatively simple, doing so can create unintended consequences and unnecessary complications. In many cases, these steps are not required. If the estate is valued at less than $150,000 under the new law, a small estate affidavit should instead be used to distribute proceeds in accordance with the decedent’s Will or, if there is no Will, under Illinois intestate laws. For this reason, consulting with an attorney soon after a loved one has passed away can help families avoid missteps and ensure the process is handled as efficiently as possible.

Effective Date

The amendments apply to decedents who pass away on or after the effective date of this Act, enacted by the 104th General Assembly. (755 ILCS 5/25-1(j)). Families handling estates of loved ones who died earlier must still follow the prior law.

Why These Updates Matter

By raising the estate value threshold and simplifying vehicle transfers, the updated law provides real, practical relief for Illinois families. Estates that would have required probate under the old $100,000 cap may now qualify for the small estate affidavit process. Likewise, families can now handle vehicle title transfers more efficiently, removing one of the most frequent obstacles in estate administration.