10/09/2026
🏡⚖️ INHERITED PROPERTY IN ILLINOIS…HEIRS, PLEASE READ!
If a deceased loved one left behind a WILL this does NOT automatically mean you have the legal authority to sell the home that’s in their name!
This is something many families don’t realize until they’re ready to put the property on the market.
In the State of Illinois, when a loved one passes away owning a home solely in their name, even if they had a legally valid will, probate court is required before the heirs can move forward with selling the property.
⚖️ Here’s what you need to know:
🚨A WILL DOES NOT AUTOMATICALLY AVOID PROBATE. Being named as an heir or executor in a will does not automatically give you legal authority to sell the home.
🚨PROBATE COURT: When probate is required, the court appoints an executor or administrator and issues Letters of Office granting authority to act on behalf of the estate.
✅ A TRUST CAN HELP AVOID PROBATE. If the home was properly placed into a living trust before your loved one’s passing, the successor trustee may have authority to sell without going through probate.
✅ THERE ARE OTHER EXCEPTIONS. A properly recorded Transfer on Death Instrument (TODI) or certain types of joint ownership may also allow the property to transfer without probate.
🚨 IMPORTANT: Being an heir does NOT automatically give you the legal authority to sign a listing agreement or sell your deceased loved one’s home!
💡 THE BOTTOM LINE:
Before you contact a Realtor to list an inherited property, determine WHO has the legal authority to sell it.
Understanding this process upfront can prevent unnecessary delays, unexpected expenses, and complications during the sale.
🏡 The Luxe EB Group | Expect Better
Illinois real estate information only. Consult a qualified probate or estate attorney for legal guidance.
- As always HAPPY to help!😇
Remember to LIST • BUY • INVEST with Eugene & Catia Singleton
Real Estate Agents®️
Luxe EB Group™️ of
Keller Williams INSPIRE
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