Settling an Illinois Resident’s Estate and Handling Real Property in Another State

Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change, and your facts matter. Consult an Illinois probate attorney and, if necessary, counsel in the state where the property sits before taking action.

Detailed answer — step-by-step under Illinois law

This section explains the usual steps to open probate in Illinois for a decedent who was an Illinois resident and to handle any real property the decedent owned in another state (commonly called “ancillary” administration). The guidance below assumes the decedent died owning property both in Illinois and elsewhere. If the decedent lived outside Illinois, the probate will ordinarily open in the state of domicile; this article assumes Illinois domicile.

1) Find critical documents and make immediate practical moves

Locate the original will, safe-deposit information, trust documents (if any), property deeds, mortgage statements, vehicle titles, insurance policies, retirement account info, and recent bank statements.
Order multiple certified copies of the death certificate from the county health department; you will need several certified copies for banks, government agencies, and courts.
Keep the real property secured and current on taxes, insurance, and mortgage payments to avoid liens or foreclosure while the estate is being handled.

2) Determine whether formal probate is required in Illinois

In Illinois, probate is generally handled in the county circuit court (probate division) where the decedent was domiciled. Small estates may be transferable by affidavit or simplified procedure in some cases, but substantial assets, real estate, or disputes typically require formal probate. The Illinois Probate Act (commonly cited as 755 ILCS 5) governs probate procedures in Illinois; see the Act here: 755 ILCS 5 — Illinois Probate Act of 1975.

3) Open probate in the Illinois county where the decedent lived

File a petition to admit the will and appoint a personal representative (executor) if there is a will; if no will, file a petition for letters of office for an administrator (intestate administration).
The court will issue Letters Testamentary (if there is a will) or Letters of Office/Administration (if intestate), which authorize the representative to act for the estate.
Give required notices to beneficiaries and creditors and publish notices as the court requires.

4) Inventory, value, and manage estate assets

Prepare an inventory of Illinois assets and obtain appraisals if needed (especially for real estate or business interests).
Locate and identify any assets located in other states: real property, personal property, bank accounts, or vehicles titled elsewhere.

5) Pay debts, final bills, and taxes

Use estate funds to pay valid claims and administrative expenses in the order Illinois law directs.
Determine whether federal estate tax or Illinois estate tax returns are required. A federal estate tax return (IRS Form 706) is required if the gross estate exceeds the federal filing threshold. See IRS guidance: Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return.
Illinois also administers an estate tax; consult a tax professional and the Illinois statutes or agencies for filing requirements and deadlines. (A probate attorney or tax advisor can confirm current filing thresholds and requirements.)

6) Ancillary probate or transfer for out-of-state real property

Real property located in another state generally must be transferred under that state’s law. Common approaches include:

Ancillary probate in the state where the real estate is located. The Illinois personal representative (executor or administrator) obtains certified copies of the will and Illinois Letters and files a petition in the foreign state to be appointed ancillary administrator or ancillary executor so the property can be sold or transferred under that state’s procedures.
Using a small-estate affidavit or other non-probate transfer method available in the other state if the property and the state’s law permit. Many states allow transfers for small-value personal property without full probate, but real estate often requires formal steps.
Selling the out-of-state property through the ancillary proceeding (proceeds are then remitted to the Illinois estate), or transferring the property directly to beneficiaries if the foreign court authorizes that after ancillary appointment.

To begin ancillary administration you will typically need:

Certified copy of the death certificate.
Certified copy of the Illinois Letters Testamentary or Letters of Office.
Certified copy of the will (if there is one).
Local counsel in the state where the property sits (recommended): that attorney will advise the required filings, notices, and documents to clear title and effect transfer or sale.

7) Distribute assets and close the estate

After paying debts, taxes, and administration expenses and after any ancillary administration is completed for out-of-state property, the personal representative distributes remaining assets according to the will or Illinois intestacy rules. Finally, file a closing report or petition in Illinois and ask the court to discharge the representative.

Practical timeline and likely timeframes

Probate timelines vary. Simple administrations can take a few months. Typical contested or complex estates or those with out-of-state property often take 9–18 months or longer. Ancillary probate in another state can add months depending on that state’s procedures, whether a sale is required, and local court schedules.

When you should involve attorneys and other professionals

Hire an Illinois probate attorney if the estate includes real property, significant assets, debts, disputes, or tax questions.
Engage a local attorney (in the state where the property is located) to handle ancillary probate, title work, and closing of real estate transactions there.
Consult a tax professional for federal and state estate tax returns, and a real estate or title company for clearing title and transfers.

Helpful hints

Obtain several certified death certificates early — courts, banks, and title companies often require originals.
Make and preserve a careful inventory of all assets and debts. Photograph or scan documents and back them up securely.
Keep all estate expenditures documented with receipts; the personal representative will need to account for these to the court and beneficiaries.
Get multiple certified copies of Letters Testamentary or Letters of Office — you will likely need them to present to banks, the county recorder, and other jurisdictions.
Contact the county recorder or assessor in the other state to check how the property is listed and whether there are liens, unpaid taxes, or mortgage issues that must be addressed.
If selling out-of-state property, obtain a local real estate agent familiar with probate sales and a title company that can coordinate with the ancillary administrator.
Act quickly on creditors’ notices and tax deadlines. Delays can complicate transfer or expose the personal representative to liability.
If beneficiaries disagree or there are contested claims, consider mediation early to avoid costly litigation.

Common pitfalls to avoid

Assuming a will alone transfers real estate outside the probate process; many states require ancillary filing for out-of-state land.
Failing to keep insurance and property taxes current on out-of-state real estate while probate is pending.
Trying to transfer deeds or sell titled property (cars, boats, land) without proper court authority or certified letters from the probate court.

Where to find Illinois statutory guidance and court help

Illinois Probate Act (probate process and personal representative duties): 755 ILCS 5 — Illinois Probate Act of 1975.
Illinois court information and local circuit court contacts: Illinois Courts (use this site to find the probate division contact for the county where the decedent lived).
Federal estate tax forms and instructions: IRS Form 706.

Final recommendations

Start by gathering documents and certified death certificates, then contact the probate clerk in the Illinois county of domicile to confirm local filing requirements. For property located in another state, plan on obtaining certified probate documents from the Illinois court and hiring local counsel in the other state to open ancillary probate or otherwise clear title. Because estate and tax rules can be complex and change, retain a probate attorney in Illinois and, where necessary, a lawyer in the state where the property sits.