Laws
- Days after Death – As no state law requires a minimum number of days to pass after the death before the affidavit can be used, you can begin filling it out and presenting it at any time.
- Maximum – A small estate is defined as an estate with a gross value not exceeding $100,000. This includes the value of all property passing to any party by intestacy or under a will. (755 ILCS 5/25-1)
- Signing – The affidavit must be signed and sworn before a notary public. (755 ILCS 5/25-1)
- Statute – 755 ILCS 5 (Probate Act of 1975)
How to File (4 steps)
2. Prepare Affidavit
You can find this online or at your local county clerk’s office. (Use this locator to find your local county clerk’s office.) Include information about assets and vehicles and debt information, such as funeral expenses, tax debts, money owed to employees, money, property held in trust, debts to the state, and all other claims. Make at least one extra copy.