The Illinois Probate Process, Step by Step

Not every house goes through probate. If the home was held in a living trust, owned jointly with rights of survivorship, or passed through an Illinois transfer-on-death instrument, it may transfer outside of court. A real estate attorney or the county recorder's records can tell you how the deed is titled.

If the house was in the deceased person's name alone with no trust or transfer-on-death instrument, probate is usually how the family gets authority to sell it.

A family member or their attorney files a petition with the circuit court in the county where the person lived. If there is a will, the person named in it is usually appointed as executor. Without a will, the court appoints an administrator, often a close relative.

The court then issues letters of office — the document that proves the representative has authority to act for the estate, including signing to sell the house. Many Illinois estates are opened under independent administration, which lets the representative handle a sale without asking the judge to approve each step.

Heirs and people named in the will receive formal notice. The estate also publishes a notice to creditors in a local newspaper, which starts a claims period of at least six months. This is the main reason most Illinois estates can't be fully closed quickly.

The house does not have to sit empty and untouched during this time. Once letters of office are issued, the representative can usually move forward with a sale while the claims period runs.

Keep it insured. Tell the insurance company the owner has passed and the home may be vacant — standard policies can limit coverage on empty houses.

Keep paying the essentials. Property taxes, the mortgage (if there is one) and utilities generally need to stay current. Northern Illinois winters are hard on vacant homes, so plan for heat or winterization.

Secure valuables and documents. Take photos, keepsakes, and paperwork that matter to the family. The rest can usually stay if you sell as-is.

With authority from the court, the representative signs the sale documents. Proceeds go to the estate, which uses them to pay valid debts and costs, then distributes what remains to the heirs.

Families usually choose between listing with an agent or selling directly. Our guide to selling an inherited house walks through those options in detail.

We buy probate and inherited houses throughout Northern Illinois. We work with the estate attorney, wait for letters of office when needed, and let the family choose the closing date. You can leave belongings behind, and no repairs are required.

We are not attorneys and this guide isn't legal advice — every estate is different, so talk with an Illinois probate attorney about your situation. We're happy to answer questions about the house itself at no cost.