In general, when someone dies, the estate must go through probate which can be a complicated and lengthy process. But many states provide less complicated options for smaller estates.

Illinois law provides for simplified probate when all of the following are true:

• there is no unpaid claim against the estate
• no tax will be due to the United States or to the State of Illinois
• no one is entitled to a surviving spouse’s or child’s awards
• all heirs and legatees of the decedent have consented in writing to distribution of the estate on summary administration
• the petitioner has published a notice informing all persons of the death of the decedent, of the filing of the petition for distribution of the estate on summary administration, and
• the value of real and personal property subject to administration in this State less does not exceed $100,000.

Then any interested person may file a petition for summary administration of the estate.

Another option in Illinois for heirs or beneficiaries to inherit property is the use of an affidavit. The heirs or beneficiaries prepare an affidavit identifying the assets they are entitled to inherit. This option may be used when the value of the decedent’s entire personal estate, less decedent’s debts, funeral expenses and claims by surviving spouse and/or children, does not exceed $100,000.