Money & Debt

Worried about doing this on your own? You may be able to get free legal help.

The Big Picture

A small [no-lexicon]estate affidavit[/no-lexicon] is a way for a person’s property to be transferred when they die without having to go to court.

When a person dies, the things they own…

Using a small estate affidavit How-To Print this to take with you Share this page to social media channels QUICK EXIT

Internet usage can be tracked. Use this to leave this site immediately. Remember to clear your browser history to hide activity.

Help ILAO open opportunities for justice Collect information

To fill out a small estate affidavit, you will need a list of any unpaid debts owed by the decedent. For example, the decedent might owe money for medical bills and credit card bills. You will also need a list of all the property and assets in the estate.

You can only use a small estate affidavit if the estate has no more than $100,000 in it. You cannot use a small estate affidavit to transfer real property, such as a house. However, the decedent's real property may have already been transferred to someone else. This could be done by a Transfer on Death Instrument or a joint tenancy. If so, you can use a small estate affidavit for the rest of the estate. Read more about Using a small estate affidavit.

If you are not an Illinois resident, you need to provide the information of someone who is. You should include their name, address, and phone number. This person may be contacted if you are gone.

Fill out the small estate affidavit form

The next step in using a small estate affidavit is to fill out the form. You can:

Sign and copy the small estate affidavit form

Make at least two copies of the completed affidavit. Attach a copy of the death certificate. Also, attach a certified copy of the will that was filed if there is one.

Sign the affidavit. Remember that by signing the affidavit you promise to pay the decedent’s debts before giving any money to anyone else.

Use the small estate affidavit

You can show the affidavit to any person, bank or corporation that has the property of the estate. The bank, person, or corporation must give away the property the way the affidavit says. Once the property is transferred, the person who gave you the property cannot be sued.

The person or corporation that has the decedent's property must turn over the property after you give them the small estate affidavit. If they don’t, you can file a civil court claim to get the property.