Detailed Answer
When someone dies owning real property in Illinois, you must follow the Illinois Probate Act to include that property in the estate. The primary steps involve verifying title, initiating probate, inventorying the property, and distributing it to heirs or beneficiaries.
1. Verify Title and Ownership
Review the deed and title recorded with the county recorder to confirm ownership and form of title. Property held as joint tenancy with rights of survivorship usually passes outside probate. Tenancy in common or sole ownership typically enters the probate estate.
2. Determine Probate vs. Non-Probate Asset
Identify which assets pass under a will or Illinois intestacy laws and which pass by operation of law or contract (e.g., joint tenancy, trust, life estate, or payable-on-death designation).
3. Initiate Probate Administration
File a petition to admit the will (if any) and appoint a representative with the circuit court in the county where the decedent resided. Illinois law generally requires filing within 30 days of death. See 755 ILCS 5/6-1.
4. Appointment of Estate Representative
The court appoints an executor (named in the will) or administrator (if intestate). You can request independent administration if all heirs agree, allowing the representative to manage the estate without court supervision.
5. Inventory and Appraisal
Within 90 days of appointment, file a detailed inventory listing all estate assets, including real estate, and obtain an appraisal. This step complies with 755 ILCS 5/6-2.
6. Notice to Creditors and Heirs
Publish notice in a local newspaper and send written notice to known creditors and heirs. Creditors then have a window to file claims against the estate.
7. Pay Debts, Taxes, and Expenses
The representative uses estate funds to pay valid claims, funeral expenses, taxes, and administration costs before distributing any property.
8. Distribute Real Property
After resolving debts, transfer title of real property to beneficiaries under the will or Illinois intestate succession law. Prepare and record new deeds with the county recorder. See 755 ILCS 5/2-1 for intestacy rules.
Alternatives for Small Estates
Illinois allows a simplified affidavit procedure for small estates valued at $100,000 or less in personal property (755 ILCS 5/22-1). Real property cannot pass through this process and must go through formal probate.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney licensed in Illinois to discuss your specific situation.
Helpful Hints
- Gather all title documents early: deeds, mortgages, and insurance policies.
- Check if the property is held in a trust to avoid probate delays.
- File probate promptly to comply with Illinois timelines and avoid penalties.
- Consider independent administration to reduce court supervision and fees.
- Keep detailed records of all estate transactions and communications.