How to begin finding who legally owns part of your grandfather’s land in Illinois
This FAQ-style guide explains the practical first steps someone with no legal background should take to figure out who owns a portion of land that was associated with a deceased grandparent. It describes how to locate basic records, what files matter, and where Illinois law points you if you need to take legal action. This is educational information only and not legal advice.
Detailed Answer — The single best first step
The single best first step is to identify the county where the land sits and then examine the county public records for that parcel — starting with the county recorder (often called Recorder of Deeds) and the county assessor’s parcel records. Those two sources will usually show the recorded deed history (chain of title), the current named owner for tax purposes, and the parcel’s legal description. From there you can trace recorded deeds and any probate files that affect ownership.
Why start at the county recorder and assessor?
- Deeds, mortgages, easements, and other instruments that transfer or encumber property are normally recorded at the county level. Those records show who claimed to transfer title and when.
- The county assessor/treasurer records the current taxpayer of record and provides parcel maps and legal descriptions that help you link records across different offices.
Practical step-by-step first actions
- Confirm the property’s county. If you don’t know, use any old deed, tax bill, or mailing address tied to the land. The Illinois county directory can help you locate the correct county office: Illinois county list.
- Get the parcel identifier or legal description. Use a tax bill, a previous deed, or the county assessor’s GIS map to get the parcel number or legal description (lot, block, subdivision or metes-and-bounds). That information makes title searches much faster.
- Search recorded deeds at the county recorder/recorder of deeds. Search by grantor/grantee names (your grandfather’s name and possible heirs), by parcel number, or by legal description. Many counties have online search portals; others require an in-person visit or a records request.
- Pull probate and estate records. If the land passed through your grandfather’s probate, the county circuit court’s probate records will show heirs, wills, and distributions. Illinois probate law and rules govern how real property passes through a decedent’s estate (see Illinois Compiled Statutes). The state statutes and court records can confirm whether the land transferred via will, intestacy, or by operation of law.
- Check tax and GIS records. The county assessor/treasurer will show the owner of record for property-tax purposes. GIS maps (many counties provide them online) show parcel boundaries and can reveal if the allegedly disputed portion aligns with parcel lines or crosses parcels owned by different people.
- Trace the recorded chain of title. Starting from the most recent recorded deed, work backward to see when and how the land changed hands. Look for conveyances, probate filings, partition actions, quitclaim deeds, corrections, and any recorded plats or surveys.
- Consider a professional title search or survey. If public records look complicated or contradictory, a licensed title company or a land surveyor can produce an official title report or a boundary survey showing who holds record title and where lines lie on the ground.
When Illinois law becomes important
If records are missing, ambiguous, or show competing claims, Illinois statutes and case law govern remedies. For example:
- Actions to recover real property and statutory limitations are governed by the Illinois Code of Civil Procedure (see the sections addressing actions to recover real property). For the Illinois Compiled Statutes, see the main ILCS resource: Illinois Compiled Statutes (ILCS).
- Probate and the transfer of a decedent’s real property are governed by the Illinois Probate Act and related provisions; probate court records may be required to confirm who succeeded to title (see the ILCS site above for statute text).
If you discover conflicting recorded claims (two recorded deeds to different people) or if someone has possessed and used a strip of land for a long period and claims ownership, you may need a quiet-title lawsuit or other court action to resolve ownership under Illinois law. Those actions have procedural rules and time limits that an attorney can explain.
Helpful Hints
- Start with the county: records are almost always county-based in Illinois. Find the correct county first.
- Use full names and possible variants when searching (middle names, suffixes like Jr./Sr.).
- Get a current survey if you need to prove exact boundaries on the ground. Recorded plats and metes-and-bounds descriptions in deeds don’t always match physical markers.
- Look for probate case numbers, wills, and estate inventories in the circuit court where your grandfather lived or where the land is located.
- Check for deeds recorded both before and after your grandfather’s death—ownership may have changed in ways family stories don’t reflect.
- Be aware of liens, mortgages, tax sales, or easements that can affect use even if someone holds title.
- If records are online, download certified copies or take screenshots and record the recording information (book/page or document number, recording date) for reference.
- If you hit a roadblock, hire a local real estate or probate attorney or a title company. They can run a professional chain-of-title search and advise whether a quiet-title action or probate reopening is needed.
Resources
- Illinois Compiled Statutes (ILCS): https://www.ilga.gov/legislation/ilcs/ilcs.asp
- Illinois county directory (to find the recorder/assessor for the right county): https://www.illinois.gov/localgovernment/county/Pages/Counties.aspx
Short hypothetical example
Suppose your grandfather owned 40 acres in a county in Illinois and family members now dispute who owns a 5-acre corner. You would:
- Confirm the county and parcel number (via an old tax bill or description).
- Search the county recorder for deeds affecting that parcel and adjacent parcels.
- Check probate records for your grandfather to see how the estate disposed of the land (will, intestacy, deed executed by an estate representative).
- If deeds are consistent, the recorder’s latest deed will usually show the record owner. If deeds conflict or the parcel was never split properly, get a survey and consider legal help.
Disclaimer: This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For legal advice about specific facts, consult a licensed Illinois attorney who handles real estate or probate matters.