Can You Sell a House During Probate in Illinois?

While allowed, it can be tricky to sell a house during Illinois probate. During probate, you are wrapping up a person’s life and dealing with the things they owned. This means selling assets, paying debts, and much more. When real estate is part of it, it can be even more complex. Yes, you can sell a house during probate. But you shouldn’t try to do it without the help of an experienced lawyer. 

The skilled estate planning lawyers at Bielski Chapman, Ltd. are ready to help you with real estate transactions during Illinois probate. We understand the right way to handle these important assets and how to comply with Illinois law. Let us assist you in handling everything the right way. 

What Is Probate in Illinois?

Probate is a process that:

• Distributes a deceased person’s assets
• Pays their debts
• Resolves outstanding claims
• Considers whether there is a will, or if the estate will be passed through intestacy statutes

When Can a House Be Sold During Illinois Probate?

A house can be sold during probate in Illinois if the personal representative has legal authority to do so. This authority may come from:

• The will itself, if it explicitly grants the executor the power to sell real estate.
• A court order, if the will is silent or if there is no will.

Before listing the property, the representative must ensure:

• They’ve received Letters of Office from the probate court.
• The sale complies with Illinois probate laws and local ordinances.
• All interested parties (heirs, beneficiaries) are properly notified.

What Steps Do I Take To Sell the House?

For most cases, you can follow these steps during Illinois probate to sell the house:

1. Open the Probate Case: You first file the will or petition for probate.
2. Get Court Authorization: Obtain Letters of Office and, if necessary, a court order approving the sale.
3. Appraise the Property: You need to determine how much the house is worth and sell it appropriately.
4. List the Property for Sale: It is best to work with your attorney and a knowledgeable real estate agent. 
5. Accept an Offer: The personal representative negotiates and accepts an offer, subject to court approval if required.
6. Close the Sale: Proceeds go into the estate to pay debts, taxes, and distribute to heirs.

Extra Things to Consider

Some other things you should consider with all of this include:

• Mortgage Liens: If the real estate has a mortgage, you must satisfy the lien. This can be done at closing or in negotiations with the lender. 
• Disputes Among Heirs: If heirs cannot agree on how the sale should work, the court may have to resolve the problems. 
• Delays: Probate sales often take longer than traditional sales.

Can You Sell Without Probate?

In some cases, probate may not be necessary:

• Joint Ownership: If the property was owned jointly with rights of survivorship, it passes directly to the surviving owner.
• Trust Property: If the house was held in a living trust, it can be sold by the trustee without probate.
• Transfer on Death Instrument (TODI): Illinois allows homeowners to designate a beneficiary via TODI, avoiding probate for that property.

Why Work with an Illinois Probate Attorney?

Selling a house during probate involves legal filings, court procedures, and potential disputes. A probate attorney can:

• Ensure compliance with Illinois probate law
• Help obtain court approval for the sale
• Resolve title issues or creditor claims
• Protect the interests of the estate and heirs

Get Help With Real Estate Sales During Illinois Probate

While you can sell real estate during probate, it is unwise to try without the right legal counsel at your side. Doing so could accidentally cause delays, accusations of wrongdoing, and much more. Working with a professional can make the difference and get you the results you are looking for. 

Let the experienced estate planning lawyers at Bielski Chapman, Ltd. help you with real estate sales during Illinois probate. Contact us today for a free consultation.