Does a Small Estate Affidavit Need a Notary in Illinois?

Yes, a notary is required.

The statutory affidavit ends with a notary jurat.

In the source's wording

"Signed and sworn before me on"

From the sources listed below, checked November 2026.

What else the signing needs

Value limit: Gross value of the personal estate, not counting motor vehicles registered with the Secretary of State, up to $150,000 for deaths on or after August 15, 2025 (Public Act 104-0346); $100,000 before.
"Excluding motor vehicles registered with the Secretary of State"
Waiting period: No waiting period: section 25-1 sets none. The affidavit gives the date of death and attaches a copy of the death certificate.
Where it goes: Handed to whoever holds the property or owes the debt; the statute doesn't require filing the affidavit with a court or clerk.
"is furnished with a small estate affidavit in substantially the form hereinafter set forth"
Official form: Small Estate Affidavit (statutory form, 755 ILCS 5/25-1). The form is set out in the statute; circuit courts post copies, like this one from the 24th Circuit. Open the official form
Other simplified route: Summary administration. As Nolo's summary describes it: a petition to the local probate court that, if approved, lets the assets be distributed without regular probate; it isn't available when heirs disagree about the estate.
Surviving spouse: The affidavit sets aside a spouse's award of $20,000 plus $10,000 for each minor or dependent child living with the spouse; with no spouse, the children share the same amounts.
"$20,000, plus $10,000 multiplied by the number of minor children and adult dependent children"

Next step

Sign by video with our New Jersey notary while you're in Illinois, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How Illinois treats it: Illinois recognizes acknowledgments by a notary authorized where the act is performed (765 ILCS 30/2). More on Illinois signers.

Handling an estate from far away? Estate paperwork help near where the estate is.

Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.

Notarize it online ($50 per session) Request a mobile notary in Illinois

Booking sends a request; we confirm the time and the price before you pay.

In person, we look for a notary commissioned in Illinois near you; you approve the price first.

If a local notary in Illinois does it: Up to $5 per notarial act (non-electronic), under the state's fee rules (Illinois notary fees).

Get it notarized online today

Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email

A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.

What you need

A valid government photo ID
A computer or phone with a camera
The unsigned document

Book an online session

Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say

Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers

Sources

Illinois Public Act 104-0346 (small estate affidavit, effective 8/15/2025) (Illinois General Assembly) (checked November 2026)
24th Judicial Circuit of Illinois: Small Estate Affidavit form (PDF) (checked November 2026)
755 ILCS 5/25-1, Small estate affidavit, as amended by P.A. 104-624, eff. 1-1-27 (Illinois General Assembly) (checked November 2026)
Illinois Public Act 104-0624 (effective 1/1/2027) (Illinois General Assembly) (checked November 2026)
Nolo (secondary source): Probate Shortcuts in Illinois (Nolo) (checked November 2026)

Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)".

We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.

Common questions

Is a notary required for a Illinois small estate affidavit?

Yes, a notary is required. The statutory affidavit ends with a notary jurat.

What is the small estate limit in Illinois?

Gross value of the personal estate, not counting motor vehicles registered with the Secretary of State, up to $150,000 for deaths on or after August 15, 2025 (Public Act 104-0346); $100,000 before.

How long after a death can the Illinois affidavit be used?

No waiting period: section 25-1 sets none. The affidavit gives the date of death and attaches a copy of the death certificate.

Is the Illinois affidavit filed with a court?

Handed to whoever holds the property or owes the debt; the statute doesn't require filing the affidavit with a court or clerk.

Can I sign the Illinois affidavit with an online notary?

Our New Jersey notary can notarize it by video while you're in Illinois. Illinois recognizes acknowledgments by a notary authorized where the act is performed (765 ILCS 30/2). Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.

What does a notary charge in Illinois?

Up to $5 per notarial act (non-electronic), under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.

Keep going

A small estate affidavit in another state: Hawaii · Indiana · every state

Does a small estate affidavit need a notary in Illinois?