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IL Senate Bill 83

Legislation

State: Illinois
Signed: August 15, 2025

Effective: August 15, 2025
Chapter: Public Act 104-0346

Summary

Senate Bill 83 raises the value threshold of a small estate that is eligible to use a notarized small estate affidavit to transfer property, provided the estate meets specific requirements, as specified.

Affects

Amends 755 ILCS 5/25-1.

Changes
  1. Authorizes a small estate affidavit, which must be signed and sworn before a Notary, to transfer personal property if the estate meets certain requirements, as specified.
  2. Requires the small estate to (a) have $150,000 or less in personal property, excluding motor vehicles registered with the Secretary of State; (b) have no outstanding letters of office or petitions for the estate contemplated or pending in Illinois or elsewhere; and (c) have motor vehicles registered with the Secretary of State.
  3. Clarifies that if the affidavit is only used for transferring motor vehicle titles, it can be done under Section 3-114(b) of the Illinois Vehicle Code without considering the estate’s value.
Analysis

Senate Bill 83 simplifies the probate process for resolving small estates after a person's death. By increasing the maximum value of a small estate from $100,000 to $150,000, it allows more families to file a small estate affidavit instead of going through a more complex and costly probate court proceeding. The small estate affidavit is prescribed in statute already and must be signed and sworn to before a Notary Public. Given the importance of the bill, it is effective immediately.

Read Senate Bill 83.

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