Frequently Asked Questions

In Illinois, probate is required if the deceased individual owned more than $100,000 in assets in their own name, or if there’s real estate that doesn’t automatically transfer to someone else through co-tenancy or trusts.

Illinois intestacy laws dictate who inherits without a will. Generally, the surviving spouse inherits first, followed by descendants, parents, or other relatives.

A decedent’s estate refers to the property and financial affairs left behind by a deceased person. This estate may require supervision through a court process, especially if the decedent did not use legal measures to avoid probate.

If a person dies with a properly executed Will, their estate is known as a “testate” estate. The Will must be filed with the Clerk of the Circuit Court within 30 days, and a petition can be filed to admit the Will to probate and appoint an executor.

In some cases, Illinois courts may allow pre-probate sales with heir agreement or court approval.

The court must first determine who the heirs of the decedent are, whether through a Will or intestate succession laws. These heirs are then notified of the probate proceedings and their rights in the estate.

The executor or administrator is responsible for gathering the decedent’s assets, paying debts, notifying creditors, and distributing the remaining estate to the rightful heirs or beneficiaries.

Property condition affects salability, but there is no legal obligation to complete or pay for any repairs. We specialize in selling inherited properties “As-Is”, minimizing your effort and maximizing your return.

Illinois probate can take anywhere from 6 months to several years, depending on the estate’s complexity and whether there are disputes between interested parties.

Selling an inherited house in Illinois while living out of state is a common situation for our clients. Many are busy professionals or out-of-state administrators facing the responsibility of managing a property from afar.

If you decide to keep the inherited property as a rental or your main residence you can buy out other heirs or establish an agreement on shared ownership and responsibilities.

The estate of the decedent is responsible for these costs until the Illinois property is sold or transfered to an heir.

All heirs must be in agreement. If an agreement can’t be reached, partition in court might be necessary, forcing a sale and dividing proceeds.

The advantages of probate include the final determination of creditors’ claims and the legal recognition of heirs’ rights. Disadvantages include the costs associated with legal fees, court filings, and the extended time frame for estate administration.

After the estate is opened, the executor or administrator must publish a notice to creditors in a local newspaper. Creditors have six months to file their claims against the estate.