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HeirDoor by Parcel · inherited house guide

Inherited a house in Illinois? Here's the probate timeline.

Who files where, the deadlines that matter for the house, and what is different about Illinois. Every step cites the statute it comes from (checked 2026-11-02).
What is the probate timeline for an inherited house in Illinois?
Probate steps for an inherited house in Illinois, with the deadline for each and the statute it comes from. Checked 2026-11-02. Not legal advice.

Probate steps in Illinois

The estate is handled by the circuit court of the county where the person lived (in Cook County, the Probate Division at the Daley Center).

  1. 1. Right after the death

    File the original will with the clerk

    Whoever has the will must file it with the clerk of the circuit court of the county where the person lived, right after the death.

    Source: 755 ILCS 5/6-1

  2. 2. Weeks 1 to 6

    Ask the court to appoint an executor or administrator

    A petition for probate (with a will) or for letters of administration (without one). Most Illinois estates use independent administration, which lets the representative act, including selling the house, without asking the court each time.

    Source: 755 ILCS 5/28-1

  3. 3. Soon after appointment; claims window at least 6 months

    Publish notice to creditors

    Creditors get at least 6 months from the first publication to file claims.

    Source: 755 ILCS 5/18-3

  4. 4. After appointment

    Decide what happens to the house

    The representative can sell, rent or deed the house to the heirs. A sale needs letters of office in hand.

  5. 5. Usually no sooner than 6 to 7 months after appointment

    Pay debts, account to heirs, close the estate

    After the claims period ends and debts and taxes are paid, the estate is distributed and closed.

For the house in Illinois

  • Illinois's small estate affidavit covers personal estates up to $100,000 and cannot be used to transfer real estate (755 ILCS 5/25-1), so a house usually needs a probate estate unless it was in a trust, a joint deed or a transfer-on-death instrument.
  • Illinois has its own estate tax on estates over $4 million (35 ILCS 405/2).

Before anyone is appointed

  • Secure the house. Lock up, take photos of every room, stop mail from piling up, and keep heat on in winter so pipes don't freeze. Don't remove or sell belongings yet.
  • Call the homeowner's insurer. Tell them the owner died. Many policies limit coverage when a home sits empty, so ask what is needed to keep it covered.
  • Find the will and the deed. Look for a will, a trust, a transfer-on-death deed or a joint deed. A house held in a trust or with a survivor on the deed may not need probate at all.
  • Keep the bills current. Property taxes, the mortgage (if any), insurance and utilities keep coming due. Track who pays what; the estate usually pays it back.

Sources: 755 ILCS 5/6-1; 755 ILCS 5/28-1; 755 ILCS 5/18-3.

This report organizes public records and general information. It is not legal, tax or financial advice, and it is not an appraisal. Talk to a probate attorney in your state before acting.