Illinois Probate Law on Estate Size

By Le Bach Pham
Larger estates in Illinois are required to petition the probate court.
Real Estate image by Stephen VanHorn from

The size of an estate in Illinois can affect how the estate is distributed. Estates smaller than $100,000 will go through a different process than large estates.

Small Estate Affidavit

An Illinois estate left by a decedent, which does not exceed $100,000 in value can prepare a small estate affidavit. This allows collection of property from debtors, property custodians and transfer agents, according to

Large Estates

The decedent's Illinois property must be probated if it exceeds $100,000 in value. After filing the will, you must petition the probate court to admit the will to probate.

No Will

In Illinois, if there was no will left by the decedent, a petition to the probate court must request issuance of letters of office to an heir or another person of interest. This person is known as the administrator of the estate.