IllinoisSB0083104th General Assembly (2025–2026)SenateWALLET

SMALL ESTATE AFFIDAVIT

Sponsored By: Doris Turner (Democratic)

Signed by Governor

Summary

Amends the Small Estates Article of the Probate Act of 1975. Allows a small estate affidavit to be used to transfer personal property in a decedent's estate if: (1) no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in the State or in any other jurisdiction; and (2) the decedent's personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 and motor vehicles registered with the Secretary of State. Makes a corresponding change in the form for a small estate affidavit. Provides that the changes made to the Act apply to a decedent whose date of death is on or after the effective date of the amendatory Act. Effective immediately.

assignmentsjudiciaryjudiciary - civil

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Easier estate transfers for Illinois heirs

Illinois allows heirs and other eligible people to transfer personal property using a small estate affidavit instead of full probate. The property limit is $150,000, excluding motor vehicles registered with the Illinois Secretary of State. No court-issued authority to handle the estate can be outstanding, and no request for it can be planned or pending anywhere. For Secretary of State transactions solely transferring registered vehicles, the value of the estate’s other property does not matter. The law takes effect upon becoming law, with these changes applying to people who die on or after that date.

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;

Yes: 7 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0346

    8/15/2025Senate
  2. Effective Date August 15, 2025

    8/15/2025Senate
  3. Governor Approved

    8/15/2025Senate
  4. Sent to the Governor

    6/20/2025Senate
  5. Added Alternate Co-Sponsor Rep. Diane Blair-Sherlock

    5/22/2025House
  6. Passed Both Houses

    5/22/2025Senate
  7. Third Reading - Short Debate - Passed 115-000-000

    5/22/2025House
  8. Placed on Calendar Order of 3rd Reading - Short Debate

    5/22/2025House
  9. Held on Calendar Order of Second Reading - Short Debate

    5/16/2025House
  10. Second Reading - Short Debate

    5/16/2025House
  11. Placed on Calendar 2nd Reading - Short Debate

    4/23/2025House
  12. Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000

    4/23/2025House
  13. Assigned to Judiciary - Civil Committee

    4/17/2025House
  14. Referred to Rules Committee

    4/7/2025House
  15. First Reading

    4/7/2025House
  16. Chief House Sponsor Rep. Curtis J. Tarver, II

    4/4/2025House
  17. Arrived in House

    4/4/2025House
  18. Added as Co-Sponsor Sen. Lakesia Collins

    4/3/2025Senate
  19. Added as Co-Sponsor Sen. Andrew S. Chesney

    4/3/2025Senate
  20. Third Reading - Passed; 054-001-000

    4/3/2025Senate
  21. Placed on Calendar Order of 3rd Reading March 20, 2025

    3/19/2025Senate
  22. Senate Floor Amendment No. 1 Adopted; D. Turner

    3/19/2025Senate
  23. Second Reading

    3/19/2025Senate
  24. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000

    2/27/2025Senate
  25. Added as Chief Co-Sponsor Sen. Paul Faraci

    2/26/2025Senate

Bill Text

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