IllinoisSB0083104th General Assembly (2025–2026)Senate

SMALL ESTATE AFFIDAVIT

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Higher small estate limit and vehicle rule

You can use a small estate affidavit when the decedent’s personal property is $150,000 or less, not counting state-titled motor vehicles. This raises the old $100,000 limit. You may also use it just to retitle a vehicle, no matter the estate’s size. This applies only if no letters of office exist or are pending anywhere, and the affidavit covers the whole personal estate.

Affiant may get assets, but owes debts

The affidavit can direct payments or property to the affiant. The affiant must pay valid debts and expenses before any heir or legatee gets money. If the affiant causes a loss, they must repay up to the amount lost. A winning claimant can also get attorney’s fees and recovery costs.

Easier asset access and bank protections

An affiant can name one or more agents in writing. Agents can open safe deposit boxes, sell items, and distribute property without court approval. Banks and others are protected if they act in good faith on a proper affidavit. After they pay or transfer, they are treated as if dealing with a court representative, though prior rights still apply.

Extra rules for out of state affiants

If you live outside Illinois and file an affidavit, you accept Illinois court jurisdiction. You must list an Illinois agent for service with name, address, and phone. If you do not, the local circuit court clerk serves as your agent.

Sponsors & Cosponsors

Sponsor

Doris Turner
Democratic • Senate

Cosponsors

Andrew S. Chesney
Republican • Senate
Curtis J. Tarver, II
Democratic • House
Diane Blair-Sherlock
Democratic • House
Lakesia Collins
Democratic • Senate
Laura M. Murphy
Democratic • Senate
Paul Faraci
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 202 • No: 1

House vote • 5/22/2025

Third Reading - Short Debate - Passed

Yes: 115 • No: 0

House vote • 4/23/2025

Do Pass / Short Debate Judiciary - Civil Committee;

Yes: 19 • No: 0

Senate vote • 4/3/2025

Third Reading - Passed;

Yes: 54 • No: 1

Senate vote • 2/27/2025

Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary;

Yes: 7 • No: 0

Senate vote • 1/31/2025

Do Pass Judiciary;