What is the "Small Estate Threshold" in Illinois?

 Posted on February 11, 2026 in Estate Planning

When someone dies in Illinois and leaves behind property or assets, their estate usually goes through probate. Probate is the legal process where a court monitors how the deceased person's assets are distributed to heirs or beneficiaries. However, Illinois law provides a simpler option for smaller estates through the "small estate threshold."

If you are dealing with a loved one's estate in 2026 and want to know if you can avoid a long probate process, an Oswego estate planning lawyer can explain your options and help you determine the best path forward.

What Does the Small Estate Threshold Mean in Illinois?

The small estate threshold is a dollar amount set by Illinois law. If the total value of someone's estate falls below this amount, the estate may qualify for a faster, simpler process than full probate court proceedings.

Under 755 ILCS 5/25-1, Illinois currently sets the small estate threshold at $150,000. Illinois recently increased this threshold from $100,000 to $150,000, not including vehicles. This means that if the deceased person's property and assets (minus cars) are worth $150,000 or less, their heirs or beneficiaries may be able to use an affidavit process rather than needing a full probate case. This is often much quicker and less expensive than traditional probate.

What Counts Toward the Small Estate Threshold?

Not all assets count when calculating whether an estate qualifies as a small estate. Only probate assets are included. Probate assets are things the deceased person owned in only their name, without any beneficiary designation or joint ownership.

Property that counts toward the threshold includes:

• Bank accounts held only in the deceased person's name.
• Personal property like furniture or jewelry owned solely by the deceased.
• Investment accounts without named beneficiaries.

Property that does not count includes:

• Assets with named beneficiaries, such as life insurance policies.
• Retirement accounts with beneficiary designations.
• Property held in a trust.

Jointly owned property with rights of survivorship also passes directly to the surviving owner without going through probate.

How Does the Small Estate Affidavit Process Work in Illinois?

If an estate qualifies for the affidavit, heirs can use a small estate affidavit to claim the deceased person's assets. This is a sworn written statement that lists the deceased person's property and identifies who gets to receive it under Illinois law.

Certain requirements must be met to use a small estate affidavit:

• At least 60 days must have passed since the person died.
• The total value of the estate must be $150,000 or less after subtracting any funeral and burial expenses.
• No petition for probate can already be pending or granted in Illinois.

The person claiming the assets must be an heir or beneficiary entitled to receive property from the estate. They then show the affidavit to banks, the Department of Motor Vehicles, or other places holding the deceased person's assets. These places then release the assets to the person who has the affidavit.

Call a Kendall County Estate Planning Lawyer Today

Understanding whether an estate qualifies for the small estate threshold can save you time and money during an already difficult period. If you are handling a loved one's estate and need guidance, an Oswego estate planning attorney at Loire Krajniak Law, LLC can help. We offer free consultations and work closely with each client to provide personalized attention. Contact Loire Krajniak Law, LLC at 630-448-2406 today to discuss your estate plan.