Deciding Which Assets to List on an Illinois Small-Estates Affidavit

If someone died and you plan to use Illinois’ small-estates affidavit procedure (often called an “affidavit for collection of personal property”), you must decide which assets to show on the affidavit. This guide explains, in plain language, how to identify assets that belong on the affidavit, which to omit or show as zero, and practical steps to reduce risk of mistakes.

Detailed answer

What the Illinois small-estates affidavit is and when it applies

Illinois provides a streamlined way for survivors to collect certain personal property without formal probate. The procedure is governed by the Probate Act of 1975 (Article XXIV). The affidavit lets an eligible person swear to the decedent’s assets and collect property that belongs to the decedent’s probate estate, subject to the statute’s rules and limits. For the statutory text and details, see the Probate Act (Article 24):
Probate Act of 1975, Article XXIV (Illinois General Assembly).

Basic rule: list assets that were part of the decedent’s probate estate

On the affidavit, you should list assets that were owned solely by the decedent and that pass through the probate estate. In practical terms, that generally means:

Bank or brokerage accounts titled only in the decedent’s name, if not payable-on-death (POD) or with a named beneficiary.
Cash, personal property, household goods, jewelry, collectibles, and other tangible personal property that belonged to the decedent alone.
Wages, final paychecks, or other amounts owed to the decedent at death if payable to the estate.
Accounts or notes receivable that are owed to the decedent personally.
Vehicles or other titled personal property titled only in the decedent’s name (check title transfer rules for your county/agency).

Assets you generally should NOT list (they are not part of probate estate)

Do not include assets that pass automatically to someone else by operation of law or contract. Examples:

Accounts or policies with named beneficiaries (life insurance, IRAs, 401(k) plans, annuities) — those pass to the beneficiary and are not part of the probate estate.
Bank accounts or investment accounts with POD/”in trust for” or payable-on-death designations — the named payee collects directly.
Property held jointly with rights of survivorship (joint tenancy, tenancy by the entirety) — ownership shifts to the surviving owner by survivorship.
Real estate that requires recordable title transfer or formal probate administration (real property often cannot be collected with a small-estates affidavit).
Any asset that an applicable contract or law makes non-probate at death (e.g., some transfer-on-death designations).

When to show “zero” or leave an item blank

If your affidavit form has fields for particular asset categories (for example, “bank accounts” or “life insurance”), follow these rules:

Put a zero (“$0”) only if the decedent had that category of asset but its value was zero at death (for example, an account with zero balance).
If the decedent had no assets in that category, you may write “none” or leave the line blank only if the form permits it — but it is usually clearer to state “none.”
Do not list an asset as part of the estate (with a nonzero value) if it actually passed outside probate by beneficiary designation or survivorship.
If you are unsure whether a particular item is probate property, disclose it and explain your basis for including or excluding it in an attached statement. Transparency reduces the risk of later challenges or accusations of hiding assets.

How to determine ownership and value — step-by-step

Gather paperwork: bank statements, titles, brokerage statements, retirement plan documents, insurance policies, tax returns, pay stubs, and any contracts.
Check account titles carefully: look for joint owners, POD/TOD language, or named beneficiaries. These terms determine whether the asset is probate or non-probate.
Read deeds and titles for real estate and vehicles. Real property usually needs different handling and is often excluded from small-estates affidavits.
Determine fair value as of date of death. For cash and account balances use statements near the date of death. For tangible property, use reasonable market estimates or appraisals for higher-value items.
Document your sources and keep copies. The affidavit is sworn under penalty of perjury; supporting documents help prove good-faith accuracy.

Common pitfalls and consequences

Failing to list an asset that should be on the affidavit can lead to later disputes, creditor issues, or claims by heirs. Intentionally concealing assets may have civil or criminal consequences (perjury or fraud).
Listing non-probate property as estate property can mislead collectors and create unnecessary complexity or delay. Institutions typically ask for title/beneficiary documents and will reject or question the affidavit if an item is non-probate.
Using incorrect valuations can invite creditor challenges or tax complications. When in doubt about value, attach an explanatory note and supporting documents.

Practical tips when filling the affidavit

Sign only after you verify titles and beneficiaries. The person who signs swears to the affidavit’s accuracy.
Attach a certified copy of the decedent’s death certificate and copies of documentation that support each listed asset (account statements, title pages, appraisal summaries).
Keep a complete packet for your records and for distribution to banks, DMV, or other institutions.
If an institution refuses the affidavit, ask for a written explanation of what they require — sometimes a court order or formal probate becomes necessary.

When to get legal help

If you see any of the following, consult an Illinois probate attorney before submitting an affidavit:

Real estate is involved or the estate’s ownership is disputed.
There are significant debts, complex assets, or tax issues.
Multiple heirs disagree about who should collect property or how to split items.
You find large accounts with unclear beneficiary designations or accounts in the process of being changed before death.

Helpful Hints

Start with the decedent’s last 12 months of bank, investment, and credit-card statements to find accounts and payments.
Search mail and email for beneficiary forms, account statements, or custodian contacts; beneficiary designations are often in plan packets or online accounts.
Check with the county recorder or assessor if you suspect real property; small-affidavit rules usually don’t cover real estate transfers.
For titled vehicles, check the Illinois Secretary of State’s procedures for transfer after death — some counties allow simplified procedures when an affidavit is used.
Always attach a short explanation for any unusual entry (for example, “Account X listed as $0 because closed two months before death; attached statement shows final balance”).
Do not guess values for high-value personal property. Use a written appraisal when an item’s value could affect whether a more formal probate is required.
File the affidavit in the circuit court where the decedent lived, and bring certified copies of the death certificate and ID for the person collecting property. Court clerks can often confirm filing procedures but cannot give legal advice.

Statutory reference: Illinois’ small-estates/collection procedures are in Article XXIV of the Probate Act of 1975. See the Probate Act of 1975, Article 24: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=61.

Disclaimer: This article is informational only and is not legal advice. Laws change and every case is different. If you have questions about a specific estate or are unsure whether an item should be listed, consult a licensed Illinois attorney experienced in probate and estate administration.