SB0083 - 104th General Assembly (2025-2026)

SMALL ESTATE AFFIDAVIT
Last Action
8/15/2025 - Senate: Public Act . . . . . . . . . 104-0346
Statutes Amended In Order of Appearance
755 ILCS 5/25-1  from Ch. 110 1/2, par. 25-1
Synopsis As Introduced
Amends the Small Estates Article of the Probate Act of 1975. Allows a small estate affidavit to be used to transfer personal property in a decedent's estate if: (1) no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in the State or in any other jurisdiction; and (2) the decedent's personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 and motor vehicles registered with the Secretary of State. Makes a corresponding change in the form for a small estate affidavit. Provides that the changes made to the Act apply to a decedent whose date of death is on or after the effective date of the amendatory Act. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause with the provisions of the bill as introduced with these changes. Provides that if the small estate affidavit is being used solely for a title transaction with the Secretary of State for the transfer of the decedent's motor vehicle or vehicles, it may be used to do so in accordance with the provisions for transfer by operation of law under the Illinois Vehicle Code without consideration of the value of the decedent's personal estate. Provides that any motor vehicles that are registered with the Secretary of State in the decedent's entire personal estate passing to any party either by intestacy or under a will must be included in the affidavit with a description of each motor vehicle by make, body type, year, and vehicle identification number.
Actions
DateChamberAction
1/17/2025SenateFiled with Secretary by Sen. Doris Turner
1/17/2025SenateFirst Reading
1/17/2025SenateReferred to Assignments
1/22/2025SenateAssigned to Judiciary
1/31/2025SenateDo Pass Judiciary; 007-000-000
1/31/2025SenatePlaced on Calendar Order of 2nd Reading February 4, 2025
2/18/2025SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Doris Turner
2/18/2025SenateSenate Floor Amendment No. 1 Referred to Assignments
2/19/2025SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
2/19/2025SenateAdded as Co-Sponsor Sen. Laura M. Murphy
2/26/2025SenateAdded as Co-Sponsor Sen. Paul Faraci
2/26/2025SenateAdded as Chief Co-Sponsor Sen. Paul Faraci
2/27/2025SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000
3/19/2025SenateSecond Reading
3/19/2025SenateSenate Floor Amendment No. 1 Adopted; D. Turner
3/19/2025SenatePlaced on Calendar Order of 3rd Reading March 20, 2025
4/03/2025SenateThird Reading - Passed; 054-001-000
4/03/2025SenateAdded as Co-Sponsor Sen. Andrew S. Chesney
4/03/2025SenateAdded as Co-Sponsor Sen. Lakesia Collins
4/04/2025HouseArrived in House
4/04/2025HouseChief House Sponsor Rep. Curtis J. Tarver, II
4/07/2025HouseFirst Reading
4/07/2025HouseReferred to Rules Committee
4/17/2025HouseAssigned to Judiciary - Civil Committee
4/23/2025HouseDo Pass / Short Debate Judiciary - Civil Committee; 019-000-000
4/23/2025HousePlaced on Calendar 2nd Reading - Short Debate
5/16/2025HouseSecond Reading - Short Debate
5/16/2025HouseHeld on Calendar Order of Second Reading - Short Debate
5/22/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
5/22/2025HouseThird Reading - Short Debate - Passed 115-000-000
5/22/2025SenatePassed Both Houses
5/22/2025HouseAdded Alternate Co-Sponsor Rep. Diane Blair-Sherlock
6/20/2025SenateSent to the Governor
8/15/2025SenateGovernor Approved
8/15/2025SenateEffective Date August 15, 2025
8/15/2025SenatePublic Act . . . . . . . . . 104-0346