Detailed answer

Short answer: To know whether a particular bank account is under the small-estate threshold you must (1) confirm the account balance as of the decedent’s date of death, (2) determine whether the account is part of the probate estate (some accounts pass outside probate), and (3) add any other personal property that the law requires be counted toward the small-estate limit. Banks can provide the account balance and ownership details; you may need a certified statement or ledger balance showing the date-of-death amount. If the total qualifying personal property is at or below the statutory small-estate limit, you may be able to use Illinois’ simplified small estate procedure instead of full probate.

Which Illinois law governs small estates?

Small estate procedures appear in the Illinois Probate Act (755 ILCS 5). For the current statutory text and any updated dollar limits, see the Illinois General Assembly’s Probate Act page: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2108&ChapterID=60. Also check local circuit court forms and instructions on the Illinois Courts website: https://www.illinoiscourts.gov/Forms/.

Step-by-step: How to verify the account balance and whether it counts

1. Get a certified balance as of the date of death. Contact the bank where the account is held. Explain that the account owner died and request a written or certified statement showing the account balance on the date of death (not just a recent balance). Banks routinely provide a date-of-death ledger balance for probate and estate purposes once you provide a certified copy of the death certificate and identification.
2. Confirm account ownership and beneficiary designations. Ask whether the account is payable-on-death (POD/transfer-on-death), joint with rights of survivorship, or owned solely by the decedent. POD or TOD designations and joint accounts often pass directly to the named beneficiary or surviving joint owner and typically are not part of the probate estate (so they usually aren’t counted toward the small-estate threshold). Get the bank to put ownership details in writing.
3. Collect statements for other personal property that may count. The small-estate threshold generally applies to the decedent’s personal property subject to probate. That can include other bank accounts held solely in the decedent’s name, cash, personal effects, and some financial accounts. It usually excludes life insurance payable to a named beneficiary, retirement accounts with a beneficiary, and real estate that transfers by other operation of law. To decide whether you qualify for small estate procedures, total the qualifying personal property.
4. Account for reductions. Subtract any legitimate claims, fees, or liens known as of the date you calculate the estate value (funeral expenses, outstanding checks, creditor claims that must be paid from that account). The bank’s certified balance alone may not reflect pending debits or holds.
5. Compare the total to the statutory limit. Verify the current Illinois small-estate dollar limit in the Probate Act or via the Illinois Courts site (statutory amounts can change). If the total qualifying personal property is within the limit, you can typically use the small estate affidavit/summary procedure. If it’s over the limit, you’ll likely need to start formal probate.
6. Use appropriate forms and present proof. If the estate qualifies, many banks will accept a small-estate affidavit or a court-issued certificate of transfer. The local circuit court clerk can tell you which forms are required in your county, or you can find statewide forms on the Illinois Courts site.

Practical example (hypothetical)

Suppose Alex died leaving one bank account held solely in Alex’s name. The bank issues a certified ledger showing $18,500 on the decedent’s date of death. Alex had no other personal property subject to probate (cash, other solely-owned accounts, etc.). The account had no POD beneficiary and no joint owner. After confirming the current statutory small-estate threshold and that $18,500 is under that limit, the heirs could prepare a small estate affidavit or obtain a small-estate transfer certificate and present it to the bank to collect the funds without full probate.

What banks typically require to release funds under a small-estate procedure

• Certified copy of the death certificate.
• Government ID for the person presenting the affidavit.
• The bank’s required small-estate affidavit form or a court-issued certificate/affidavit.
• Proof of the account balance and ownership type (bank-supplied statement or ledger balance).

When to consult an attorney

Talk to a probate or estate attorney if any of the following apply: the account ownership is ambiguous; there are competing claims by potential heirs; there are significant outstanding debts or tax issues; you’re unsure which assets to include in the total; or the total may be close to the statutory limit. An attorney can confirm whether the small-estate procedure fits your situation and can prepare the affidavit or petition if necessary.

Note: Statutory limits and required procedures change. Verify the current dollar threshold and the exact statutory language in the Illinois Probate Act before relying on it. See the Probate Act here: Illinois Probate Act (755 ILCS 5).

Helpful hints

• Ask the bank for a certified ledger balance as of the date of death — that’s the key document banks and courts accept.
• Get everything in writing from the bank: ownership type, beneficiary designations, and the certified balance.
• Count only personal property subject to probate. Beneficiary-designated accounts, life insurance proceeds payable to a named beneficiary, and some retirement accounts usually do not count.
• Watch for pending debits, outstanding checks, holds, or bank fees that can reduce the usable balance.
• When in doubt, gather documentation (statements, death certificate, identification) and check the local circuit court clerk’s office — many clerks will explain the small-estate filing steps and forms.
• If multiple small accounts exist, add their probate-qualifying balances together when checking the limit.
• Keep copies of everything you submit to the bank and the court.
• Consider a brief consultation with an estate attorney if other legal issues exist (creditors, disputes, or real estate involved).