Illinois RT-OPR-31 Small Estate Affidavit Guide

Eligibility Requirements for the Illinois Small Estate Affidavit

To use Form RT OPR 31, the estate must satisfy all of the following conditions under current Illinois law (effective for deaths on or after August 15, 2025):

• The decedent’s entire personal estate (excluding motor vehicles registered with the Illinois Secretary of State) does not exceed $150,000 in fair market value.
• The estate contains no real estate that must pass through the will or intestacy (real property already transferred by joint tenancy, tenancy by the entirety, or a Transfer on Death Instrument is generally excluded).
• No letters of office have been issued, and no petition for letters of office is pending or contemplated in Illinois or any other jurisdiction.
• If a will exists, it has been filed with the clerk of the circuit court in the county where the decedent resided.
• The affiant is unaware of any dispute or potential conflict regarding the will or heirship.

Important note on vehicles: Motor vehicles registered with the Illinois Secretary of State are excluded from the $150,000 calculation. If the affidavit is used solely for a title transaction with the Secretary of State, it may be used to transfer those vehicles regardless of the overall value of the personal estate.

Sources: 755 ILCS 5/25-1, Illinois Legal Aid Online, and the official form text.

How to Complete Form RT OPR 31 Step by Step?

The form requires detailed, accurate information sworn under penalty of perjury. Follow these steps carefully:

1. Gather required documents — Certified copy of the death certificate, certified copy of the will (if any), list of all personal assets with fair market values, list of known debts, and information about heirs or legatees.
2. Fill in affiant information — Provide your full name, post office address, and residence address. Out-of-state residents must name an Illinois agent for service of process.
3. Identify the decedent — State the decedent’s full name, date of death, and place of residence immediately before death. Attach a copy of the death certificate.
4. Confirm no probate is pending — State that no letters of office are outstanding and none are contemplated.
5. List the personal estate — In paragraph 6(a), list all non-vehicle personal property and its fair market value (must total $150,000 or less). In 6(b), describe any Illinois-registered motor vehicles by make, body type, year, model, and VIN.
6. Address debts — Indicate whether all funeral expenses and debts have been paid, or list all known unpaid debts by statutory class (Class 1 through Class 7).
7. Identify family members and awards — List surviving spouse, minor children, and adult dependent children. Calculate any statutory family award if applicable.
8. State distribution — Indicate whether the decedent died intestate or left a will, list the heirs or legatees, and state the portion each is entitled to receive.
9. Sign and notarize — Sign under penalties of perjury before a notary public. The form includes an indemnification provision protecting those who rely on the affidavit.

Make multiple copies. Attach the death certificate and, if applicable, a certified copy of the will.

Using the Affidavit for Illinois Vehicle Title Transfers

Form RT OPR 31 is commonly used to transfer ownership of a deceased owner’s motor vehicle(s) through the Illinois Secretary of State. Required supporting documents typically include:

• Completed Small Estate Affidavit describing the vehicle(s)
• Original vehicle title (assignment by the decedent is not required)
• Copy of the death certificate or abstract
• Completed Application for Vehicle Transaction(s) (VSD 190)
• Applicable title and registration fees payable to the Secretary of State
• Proof of Vehicle Use Tax compliance (RUT-50) and payment of any tax due to the Illinois Department of Revenue

The affiant does not need to be an heir or legatee for vehicle title purposes. Submit the documents to a Secretary of State facility or follow the mailing instructions provided by the office. For detailed procedures, visit the official page: Corrected Title – Deceased (Illinois Secretary of State).

Key Responsibilities and Risks of the Affiant

By signing the affidavit, the affiant agrees to:

• Pay all valid claims against the estate in the order of statutory priority before distributing any remaining assets to heirs or legatees.
• Indemnify and hold harmless creditors, heirs, legatees, and institutions that rely on the affidavit if losses result from the affiant’s acts or omissions.
• Accept personal liability (including reasonable attorney fees) for improper distributions or unpaid claims.

False statements made under the penalties of perjury can result in criminal liability. When in doubt about eligibility, asset valuation, debt classification, or heirship, consult a licensed Illinois attorney.

Where to Obtain Help and Additional Resources?

Trusted, free resources for Illinois residents include:

• Illinois Legal Aid Online – Small Estate Affidavits FAQ
• Illinois Legal Aid Online – How to Use a Small Estate Affidavit
• Illinois Legal Aid Online – Small Estate Affidavit Easy Form (guided interview tool)
• Official statute: 755 ILCS 5/25-1
• Illinois Secretary of State vehicle title information: Corrected Title – Deceased

Always verify the most current version of Form RT OPR 31 on the official Illinois Secretary of State website, as forms and statutory limits can be updated by the legislature.

Download the Official Form

Obtain the current Illinois Secretary of State Form RT OPR 31 — Small Estate Affidavit here:

Download Form RT OPR 31 (PDF)

This article is for informational purposes only and does not constitute legal advice. Estate situations vary. For personalized guidance, contact a qualified Illinois estate attorney or legal aid organization.