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Since the affidavit does not need to be filed with the court, there are no filing or court fees. The only cost is likely to be paying to have signatures notarized. However, a notary's services typically cost $20 or less. Illinois lays out the requirements of a small estate affidavit on its legislative website.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.
How to fill out a small estate affidavit in Illinois Fill in your name and information in #1. Complete the information about the decedent in #2-4. Mark either #7a or #7b depending on what is true. ... Complete #9a to indicate the names of the spouse and children if any.
You must adhere to restrictions before the courts accept your request. In addition, when you use a small estate affidavit you run the risk of being personally liable to return any property or funds to the estate should there be any creditors or other heirs to the estate.
Another option is to get the form from the Illinois Secretary of State online or in person at your local circuit county clerk's office. After you complete the form, make a copy of your affidavit. The state laws require notarizing the document, so you should not sign it until you can do so before a notary public.
Step 3: Notarize the form You should swear, sign, and date the small estate affidavit Illinois before a notary public. The document does not need to be filed with a court.