You inherited a house. Maybe it was a parent’s home, maybe a relative’s, and now you would like to sell it. The first question almost everyone asks is the same: do you have to go through probate first? The honest answer is that it depends, and what it depends on is how the house was titled when the owner died. Here is how to tell which situation you are in, in plain language.
The short answer
You do not always need probate to sell an inherited house in Illinois. Whether probate is required depends on how the property was titled. If the owner left a recorded transfer-on-death instrument, owned the home jointly with someone who is still living, or there are clear heirs who all agree, the title can often be cleared without going to court. Probate is usually required only when the owner held the house alone, there is a will that has to be proven, or the heirs cannot agree.
The reason titling matters so much is simple: before anyone can sell the house, ownership has to pass on the public record from the person who died to the people who inherited it. Until that happens, a buyer’s title company will not insure the sale, and the deal cannot close. Sometimes a single recorded document does that in a week. Sometimes it takes a probate case.
When you can usually skip probate
Several common situations let you clear the title and sell without opening a probate estate:
- The owner recorded a transfer-on-death instrument (TODI). The named beneficiary records a short Notice of Death Affidavit and Acceptance, and title passes to them. No probate for that property.
- The house was owned jointly, and a co-owner is still living. With joint tenancy or a married couple’s ownership, the surviving owner records an affidavit of surviving joint tenant along with a death certificate, and the title clears.
- There was no will, the heirs are clear, and everyone agrees. An affidavit of heirship recorded in the land records is frequently enough for the title company to insure the sale, as long as the heirs all sign the deed and there are no significant debts.
When probate is the only path
If the owner held the house in their own name alone, with no transfer-on-death instrument, no surviving joint owner, and no trust, probate is usually the only way to clear the title so the house can be sold. The same is true when there is a will that has to be admitted to the court, when heirs disagree, or when there are debts and liens that have to be resolved first. A house held by one person, alone, is the single most common reason an inherited-property sale ends up in probate.
Even when probate is required, you usually don’t have to wait for it to finish
This is the part that surprises people. Most Illinois estates are handled under independent administration, which lets the executor sell the house while the probate case is still open, without going back to court for a separate order. The framework comes from 755 ILCS 5/28-1, and the specific power to sell estate real estate is in 755 ILCS 5/28-8. So the sale and the probate can move on parallel tracks. You generally do not have to wait months for the estate to fully close before putting the house on the market.
What if you inherited the house with siblings?
When more than one person inherits a house, Illinois treats them as co-owners, and a buyer needs every owner to sign to get clean title. If all the heirs agree, the sale is straightforward and can often skip probate. If even one heir refuses, the others cannot force a private sale on their own. In that case the options are a buyout, a negotiated agreement, or a partition action, and a contested estate like that almost always means probate becomes necessary.
Frequently asked questions
Can I sell my parents’ house before probate is finished?
Yes, in most cases. When the estate is handled under independent administration, the executor can sell the house while the probate case is still open, without a separate court order. You do not have to wait for the estate to fully close. The main exceptions are a supervised estate, which needs court approval, and a house specifically left to a named person in the will.
How do I get the deed out of my deceased parent’s name?
The title has to pass to the heirs before the house can be sold. Depending on the situation, that is done with a recorded affidavit, a transfer-on-death acceptance, or an executor’s deed through probate. Many families do not realize the deceased owner is still on the title until they try to sell, sometimes years later. It is a common and fixable problem.
Does all of this cost a lot in taxes?
Usually less than people fear. Illinois has no inheritance tax, and inherited property gets a stepped-up basis, so when you sell soon after, you are generally taxed only on any increase in value since the date of death. We are attorneys, not tax advisors, so we coordinate with your accountant on the actual figures.
Selling an inherited house in Southern Illinois?
For a full walkthrough of clearing the title, handling siblings, and getting an inherited house sold, see our guide on selling an inherited house in Southern Illinois. Because Olson & Reeves co-owns Mt. Vernon Title Company, the same office can settle the estate, clear and insure the title, and close the sale, all under one roof. If you have inherited a house in Jefferson County or anywhere in Southern Illinois and are not sure what to do next, call us at (618) 316-7322 to talk it through.