Short answer

If co-owners agree, sell the property together or one owner can sign a deed transferring their share. If a co-owner refuses or a deceased owner’s share is trapped in probate, you may need a court partition action or to open probate. Funeral bills and property taxes can often be paid from the decedent’s estate, but real estate usually cannot be sold outside probate unless title already vests in a surviving owner or there is a signed deed. For a forced sale of entire property, Illinois law allows a partition action in circuit court.

Detailed answer — what you need to know under Illinois law

This section explains the practical and legal steps people commonly take in Illinois to convert co-owned real estate into cash to pay funeral costs and property taxes. It assumes the reader starts with no legal knowledge.

1. Figure out who legally owns the property

Look at the deed. Common forms of ownership are:

• Tenancy in common — each owner holds a separate share that can pass via will or intestacy.
• Joint tenancy with right of survivorship — when one owner dies, ownership automatically passes to the surviving joint tenant(s) (no probate for that share).
• Tenancy by the entirety — available for married couples and functions like joint tenancy for spouses.

If a deceased person’s interest passed automatically (joint tenancy or tenancy by the entirety), you may be able to sell without probate. If the decedent’s interest did not pass automatically (tenancy in common or sole ownership), the decedent’s share typically must be handled through probate or other authorized procedure before it can be sold.

2. If all living co-owners agree to sell

• Obtain a current title search and payoff information for any mortgage or liens.
• List the property and complete a closing. All owners sign the deed; funds are distributed according to ownership shares or an agreed split.

This is the fastest route and avoids court.

3. If a co-owner refuses to sell (or cannot be located)

Illinois law allows an unwilling co-owner to be compelled to sell through a partition action in the circuit court. A partition action asks the court either to physically divide the land (rare) or order a sale and divide proceeds among owners according to their ownership shares.

Court-run partition sales can be slow and add legal and court costs, and the sale price can be lower than an open-market sale.

See the Illinois Code of Civil Procedure provisions for partition actions for the statutory procedure (partition is governed by the Illinois Code of Civil Procedure). For general information about Illinois courts, visit the Illinois Courts website: https://www.illinoiscourts.gov/.

4. If the property owner died and there are funeral bills and taxes due

• Funeral expenses and property taxes are debts of the decedent’s estate and generally have priority for payment from estate assets under Illinois probate law. To access estate assets, someone usually must be appointed personal representative (executor/administrator) through probate unless the estate qualifies for a simplified procedure.
• Small estate procedures exist in some cases, but transferring real property typically requires formal probate or a court order. Personal property and certain small estate transfers may use affidavit procedures, but these usually do not transfer real estate.

See the Illinois Probate Act for rules about administration and creditor claims. For the Probate Act text, consult the Illinois General Assembly website for the Probate Act of 1975: https://www.ilga.gov/ (search “Probate Act” on ilga.gov for the statutory text relevant to estate administration).

5. Property tax issues and urgent deadlines

Contact the county treasurer or tax collector immediately if property taxes are unpaid or about to be sold for delinquency. Counties publish timelines for tax sale and redemption; missing deadlines can result in a tax sale and possible loss of the property or expensive redemption fees. For state tax information, see the Illinois Department of Revenue: https://www2.illinois.gov/rev/Pages/default.aspx.

6. Practical alternatives when immediate cash is needed

• Ask funeral homes for payment plans or reduced immediate payment; many will accept partial payments or delay collection while estate matters are resolved.
• Consider a short-term loan or help from family to cover urgent bills while you resolve title or probate matters.
• If a surviving co-owner controls the property, they may be able to advance funds or arrange a sale more quickly.

7. Costs, timeline, and what to expect

• Voluntary sale between co-owners: weeks to a few months depending on market and payoff requirements.
• Probate to transfer title or allow a personal representative to sell: generally months (commonly 6–12 months or more), depending on complexity and court backlog.
• Partition action to force sale: typically several months to a year; can be longer if contested.
• Costs: attorney fees, court filing fees, title search, closing costs, realtor commission, mortgage payoff, and potential taxes on sale proceeds.

Step-by-step checklist to pursue a sale or raise funds

1. Get a copy of the deed and current title report.
2. Identify ownership type (joint tenancy, tenancy in common, or tenancy by entirety).
3. If a co-owner died, find out whether their share passed automatically; if not, consult probate options.
4. Contact the county tax office to understand any tax deadlines and avoid tax sale or penalties.
5. If all owners agree, hire a real estate agent and a closing attorney/title company to handle sale paperwork and distribution of proceeds.
6. If any owner refuses or cannot be located, consult an attorney about filing a partition action in circuit court.
7. If probate is required to access the decedent’s share, open probate or seek expedited/simplified procedures when eligible.
8. Throughout, keep clear records of bills (funeral, taxes) and communications with co-owners, service providers, and the county.

When to talk to an attorney

Consider hiring a real estate or probate attorney when:

• There is a dispute among co-owners.
• A co-owner is deceased and probate issues block the sale.
• You face urgent tax sale or foreclosure timelines.
• You are considering or are served with a partition action.

An attorney can explain options, represent you in court, prepare or review settlement and sale documents, and help protect your share of the proceeds.

Helpful hints

• Act quickly if property taxes are delinquent—contact the county treasurer immediately.
• Obtain a professional title search before negotiating a sale so you know about liens or mortgages that must be paid at closing.
• Keep funeral and tax receipts—these support claims against the estate and help allocate funds properly.
• If possible, get a written agreement among co-owners covering sale price split, who pays closing costs, and how outstanding debts will be handled.
• Consider mediation if co-owners disagree—mediation can be faster and cheaper than contested court actions.
• Ask the funeral home to submit a claim to the estate in writing if the decedent owns an estate; funeral homes have procedures for estate claims.
• Check whether any life insurance, payable-on-death accounts, or transfer-on-death designations exist that can cover funeral costs without touching real estate.