Selling Estate Real Estate in Illinois

If the deceased person owned the property in joint tenancy with someone who is still living, full ownership passes to the surviving owner automatically. There is no probate of that property. The survivor can sell once the death is recorded against the title. We prepare the affidavit and the deed and clear the record so a buyer can close.

A transfer on death instrument lets residential real estate pass to a named beneficiary at death, outside probate, under the Illinois Residential Real Property Transfer on Death Instrument Act, 755 ILCS 27/. If the deceased person signed and recorded a valid TODI, the beneficiary takes title and can sell. We confirm the instrument is valid, record what the title company needs, and move to closing.

If the home was titled in a living trust, the trustee can sell it under the terms of the trust, without probate. We review the trust, confirm who has authority, and prepare the trustee’s deed and the documents the title company requires.

If the property did not pass by joint tenancy, a transfer on death instrument, or a trust, selling it usually means opening probate. Probate is the court process that gives someone the legal authority to act for the estate and to sign a deed that a buyer can rely on. It sounds heavier than it often is, and we handle the whole thing in-house.

We file the petition with the circuit court, get the representative appointed, and obtain the Letters of Office. That document is the seller’s proof of authority. Without it, a title company will not insure a sale out of the estate. If there is a will, we admit it to probate. If there is not, we open an intestate estate and have an administrator appointed.

A death in the chain of ownership, an old unreleased mortgage, a judgment lien, or a missing heir can all stop a sale cold. The buyer’s title company will require these cleared before it issues a policy. We run the title, find the problems early, and clear them in-house. For common defects and how we resolve them, see Clearing Title Problems Before Closing.

With authority in hand and title on track, the property can go on the market. You can list it with the family’s real estate agent or sell it for sale by owner. Either way works. We coordinate with your agent on the contract terms and the timeline so the legal side keeps pace with the sale. For more on selling a home that came through an estate, see Selling an Inherited House in Southern Illinois.

At closing, the deed is signed, the funds change hands, and the documents are recorded with the county. Because Olson & Reeves co-owns Mt. Vernon Title Company, the same office that opened the probate also issues the title policy, prepares the deed, and runs the closing. Our title work is underwritten by Advocus. One file carries the matter from the first court filing to the recorded deed.

Usually yes, unless the property already passed another way. A small estate affidavit does not work for real estate; it covers personal property only. If the home did not pass by joint tenancy, a transfer on death instrument, or a trust, selling it normally means opening probate so someone has legal authority to sign the deed.

Probate is the court process that gives the representative the power to sell and gives a buyer a title the title company will insure. It is often more routine than people expect, and we handle the whole thing in-house, from the first filing through the closing. We tell you at the outset which path your situation falls into.

Often yes. In independent administration, the independent representative may sell the estate’s real estate without a court order and without every heir signing the deed. The main exception is real estate the will specifically leaves to a named person, which needs that person’s written consent before it can be sold.

This is one of the biggest advantages of independent administration. It lets a sale move forward even when heirs disagree, because the representative signs for the estate. The proceeds are then distributed to the heirs under the will or the intestacy rules. We confirm which form of administration applies to your estate before you sign a contract.

It depends on whether probate is needed, how clean the title is, and how busy the county is. A sale where the property already passed outside probate can move quickly. A sale that needs probate opened, Letters of Office issued, and title cleared takes longer, often a few months, with much of that running alongside the marketing of the home.

Because we open the probate and clear the title in the same office, steps that would stall when separate firms have to coordinate often keep moving here. We give you a realistic timeline once we see the will, the title, and how the property is held, and we keep you posted as the file progresses.

A mortgage does not stop a sale. At closing, the loan is paid off from the sale proceeds and the lien is released, the same as in any sale. The difference with an estate is that we confirm the payoff and clear the lien against the estate’s title before recording.

Reverse mortgages need extra attention because they generally come due when the borrower dies. The lender expects repayment, often from the sale of the home, within a set period after death. If a reverse mortgage is involved, tell us early so we can work with the timeline and the lender. We sort out the payoff figures and make sure the lien is released so the buyer takes clean title.

Yes, in practice. The buyer’s title company will not issue a policy until the title is clean, and most buyers will not close without one. A death in the chain of ownership, an old unreleased mortgage, a judgment, or a missing heir all have to be resolved before the deal can close.

We run the title early so problems surface before they threaten your closing date, and we clear them in-house. For a plain walk through the defects that come up most often after a death and how we fix them, see Clearing Title Problems Before Closing.

Taxes depend on your specific situation, so talk to a tax professional. In general, inherited property often gets a stepped-up basis as of the date of death, which can reduce or eliminate gain on a prompt sale. We do not give tax advice, and this is not a substitute for it.

The stepped-up basis means the property’s tax basis is often reset to its value at the date of death, so a sale soon after may show little or no taxable gain. Your circumstances control the result. For background, the IRS explains estate income and basis in IRS Publication 559, and you should confirm the details with a tax professional before you rely on them.

Yes. Estate properties are commonly sold as is, meaning the estate makes no promise to repair and the buyer takes the home in its current condition. This is a normal choice when the family does not want to put money into a house they are selling.

Selling as is sets expectations on repairs, but it does not erase the need for clear authority and clean title. The representative still has to be able to sign, and the title still has to be insurable. We make sure the contract reflects the as-is terms and that the legal side of the sale holds up.

When there is no will, Illinois intestacy law sets who the heirs are, and the court appoints an administrator to handle the estate. The administrator gets Letters of Office and can then sell the real estate for the estate, the same as an executor named in a will would.

Dying without a will does not mean the property is stuck. It means the law, rather than a will, decides who inherits, and the court appoints someone to act. We open the intestate estate, get the administrator appointed, and move the sale forward. To learn more, see our Southern Illinois probate attorneys page.

Yes, and that is exactly how we work. Olson & Reeves opens the probate, gets the seller the authority to sign, and clears the title, then closes and records the sale through Mt. Vernon Title Company, which the firm co-owns. One file carries the matter from the first court filing to the recorded deed.

Keeping the probate, the title, and the closing under one roof removes the hand-offs that slow these sales down when a separate lawyer and title company have to coordinate. Our title work is underwritten by Advocus, and the same team that knows your file is still there if a question comes up after closing.