Probate Property Sale Checklist
Everything executors and administrators need to know about selling estate property in Cook County.
Everything executors and administrators need to know about selling estate property in Cook County.
In Illinois, probate is required when the deceased held real property solely in their name. Joint tenancy, TOD deeds, and properties in a trust may bypass probate.
File a petition with the Cook County Circuit Court Probate Division. If there is a will, file for Independent Administration. If no will, file for Supervised Administration.
You need Letters of Office (also called Letters Testamentary) to act as the legal representative of the estate. These give you authority to sell property.
Run a title search to confirm the property is solely in the decedent's name and identify any liens, mortgages, or encumbrances.
Illinois courts may require an estate inventory with property values. Get an appraisal or broker price opinion for the probate filing.
As executor, you have a fiduciary duty to protect estate assets. Ensure the property is secured, insured, and maintained during probate.
Under Independent Administration (755 ILCS 5/28-1 to 28-12), you can sell property without court approval if no interested party objects within 30 days of notice.
Property taxes, utility bills, mortgage payments, and HOA dues must be current or addressed at closing. Check with Cook County for delinquent taxes.
Cash buyers can close faster (7-14 days) and buy the property as-is, reducing estate expenses and time in probate.
After closing, sale proceeds go to the estate account. Distribute according to the will or Illinois intestacy laws (755 ILCS 5/2-1).
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