Proposed Update to Illinois Small Estate Law Heads to Governor’s Desk

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
current law, the affidavit is only available for estates valued at $100,000 or less, including the value of any motor vehicles. That threshold has remained unchanged for years, despite inflation and the rising value of personal property.

The proposed legislation would raise the maximum estate value to $150,000 and remove motor vehicles from the valuation altogether. These two updates would make the affidavit available to a broader range of families, allowing them to settle their loved
ones’ estates more quickly and with less expense.

This matters because probate can be a time-consuming, costly process, and difficult for families already dealing with grief. By increasing the cap and excluding vehicle value, Senate Bill 83 would offer more Illinois residents a simplified, less burdensome
alternative. The bill also better reflects the financial realities many families face today and encourages more efficient resolution of modest estates.

With the bill now on the Governor’s desk, the countdown is on. If the Governor signs the measure, it will become law and immediately expand eligibility for the Small Estate Affidavit across the state. If no action is taken before the August 19 deadline, however, the bill will be vetoed automatically due to the legislative recess.

If you’re wondering how this potential change might affect your estate plan, or whether your family may already qualify under the current rules, Bellas & Wachowski Attorneys at Law is here to help. Contact us at (847) 823-9030 for trusted legal advice and personalized guidance.