Using an Illinois small estate affidavit to collect a deceased person’s bank account

This FAQ-style guide explains how an Illinois small estate affidavit can be used to claim a deceased parent’s bank account. It assumes you start with no legal background and uses a simple hypothetical to show the typical steps. This is educational only and not legal advice.

Quick answer

In Illinois, if the deceased person’s personal property (excluding real estate) that is held in their name alone does not exceed the dollar limit set by statute, certain heirs or beneficiaries may use a statutory small estate affidavit to collect funds from a bank without opening formal probate. The controlling statute is in the Illinois Probate Act: 755 ILCS 5/24-1. See the statute for exact rules and the affidavit form: 755 ILCS 5/24-1.

Hypothetical facts to illustrate

Suppose your father lived and died in Illinois. He left no will. His bank account in his sole name has $8,000. He owned no real estate, and you are one of his heirs. You want the bank to release the funds to you without opening a full probate case.

Does the estate qualify for a small estate affidavit?

You must confirm the total value of the decedent’s personal property (not including real estate) that needs to be collected under the statute does not exceed the statutory limit. See 755 ILCS 5/24-1 for the current limit and eligibility rules: 755 ILCS 5/24-1.
The asset must be personal property that can be transferred by affidavit—typical examples include bank accounts held in the decedent’s sole name, some certificates of deposit, and certain securities. Assets held jointly with right of survivorship or payable-on-death (POD) to a named beneficiary usually pass outside any affidavit process and should be handled directly with the bank or custodian.
If the bank account alone is under the statutory ceiling and there are no significant unresolved claims, the small estate procedure is often an option.

Who can use the affidavit?

The statute allows persons entitled to the decedent’s property—typically heirs or beneficiaries—to make the affidavit and demand payment of assets. If multiple people are entitled, more than one person may need to sign or the affidavit should explain how the funds will be divided.

Step-by-step process

Confirm account type and balances. Obtain the decedent’s bank statements or contact the bank to determine whether the account is in the decedent’s sole name, joint, or POD. Banks often refuse affidavits for joint or POD accounts because those pass automatically.
Get certified copies of the death certificate. Banks commonly require a certified death certificate (not a photocopy). Order certified copies from the county that issued the death certificate.
Determine total personal property value. Add up the decedent’s personal property (bank accounts, brokerage accounts, cash, vehicles if applicable). Exclude real estate. Make sure the total is within the statutory limit in 755 ILCS 5/24-1.
Prepare the small estate affidavit. The statute describes required contents: identity of the affiant, decedent’s identity and date of death, a statement that the estate qualifies as a small estate under the statute, description and value of the property to be collected, a statement about whether probate proceedings are pending or whether a representative has been appointed, and a statement that the affiant is entitled to the property. Have the affidavit sworn and notarized.
Provide the affidavit and documents to the bank. Bring the completed notarized affidavit, certified death certificate, proof of your identity, and any documents showing your relationship to the decedent (e.g., birth certificate, affidavit of heirship) to the bank. Some banks have their own forms or a required internal affidavit—ask in advance.
Bank review and release. The bank will review the affidavit and documents. If the bank accepts the affidavit, it will release funds up to the account balance (or pro rata if multiple claimants). If the bank refuses, it may require a court-issued document (letters of office) or a court order.
Deal with possible disputes and creditors. The affidavit route does not eliminate creditors’ rights. Creditors may still assert claims. If there are potential disputes among heirs or significant debts, open formal probate in the county probate court to obtain official appointment and protection against creditor claims.
File a small estate affidavit in court only if necessary. In some situations, filing the affidavit with the court or filing a short affidavit in the probate court can provide additional assurance to third parties. Check local court rules or consult counsel if the bank or other holders request a court filing.

What to include in your affidavit (typical contents)

Full name and address of the affiant (person making the claim).
Full name, date of death, and last address of the decedent.
A statement that no representative has been appointed and that no probate is pending for this estate in Illinois.
A description of the property sought (bank name, account number, and balance or approximate value).
A statement that the value of the decedent’s personal property subject to the affidavit does not exceed the statutory limit.
An explanation of the affiant’s relationship to the decedent and why the affiant is entitled to receive the property (e.g., surviving child and heir).
A sworn statement that the information is true under penalty of perjury, signed before a notary public.

What banks typically want

Certified death certificate(s).
Original notarized small estate affidavit (some banks insist on an original, not a copy).
Valid photo ID for the person collecting funds.
Proof of relationship or heirship if requested (birth certificate, marriage certificate, or signed affidavit).
Some banks have internal thresholds that differ from statute—ask the bank early about its requirements.

When an affidavit won’t work

Assets exceed the statutory small estate limit.
The account is joint or has a POD beneficiary (those pass outside probate/affidavit procedures).
A probate representative (executor or administrator) has already been appointed for the estate.
The bank refuses to accept the affidavit and requires court-ordered letters of office or an order directing release.

Potential pitfalls and creditor issues

Collecting funds via a small estate affidavit generally does not provide the protections of a formal probate administration. Creditors may still assert claims against the estate. If the decedent had substantial debts, multiple claimants, or disputes between heirs, open a formal probate case to get court supervision and protection.

Practical tips

Call the bank first to learn its policy and any form it requires.
Get multiple certified death certificates—banks, title companies, and other institutions often each want their own certified copy.
Keep detailed records of documents delivered and copies of the affidavit the bank accepts.
If the bank wants a court filing, ask whether a simple petition for appointment of a small estate representative will suffice instead of full administration.

When to talk to a probate attorney

Consider legal help if the estate value is close to or above the statutory limit, if heirs dispute the distribution, if there are sizable or unknown debts, or if the bank refuses the affidavit. An attorney can advise whether to open probate, prepare invoices to creditors, or pursue a court order to clear title to funds.

Resources and statute

Main statute covering collection of personal property by affidavit in Illinois: 755 ILCS 5/24-1. The full text is available here: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K24-1. Check the statute for current dollar limits, exact wording, and any required form language.

Disclaimer

This article explains general Illinois procedures and is intended for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Illinois probate attorney or your local probate court.

Helpful Hints

Before you prepare an affidavit, confirm the bank account type (sole, joint, POD).
Obtain several certified death certificates right away—banks and agencies often require originals.
Ask the bank whether it has its own small estate or affidavit form; using the bank’s form speeds processing.
Keep communication in writing (email or letters) so you have proof of what the bank requested.
If multiple heirs exist, get everyone’s agreement in writing or be prepared for the bank to require a court order.
If the bank refuses, the county probate court can appoint a representative (executor/administrator); that process takes longer and may incur fees but gives clearer legal authority.