You did everything right.
You sat down with an attorney. You signed the documents. You made sure your spouse, or your adult child, or your trusted sibling knew where everything was kept. You told yourself your family would be protected if something happened to you.
Then something happened.
Illinois may soon see a major update to its Small Estate Affidavit process. On June 20, 2025, the Illinois General Assembly passed Senate Bill 83 and sent it to the Governor for consideration. The Governor has until August 19, 2025, to sign or veto the bill. Since
the General Assembly is currently out of session, failure to act by that date will result in an automatic veto.
Senate Bill 83, introduced by the Illinois State Bar Association’s Trusts and Estates Section Council, is designed to modernize and expand access to the Small Estate Affidavit, a tool that allows certain estates to bypass the formal probate process. Under
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