Short answer: In Illinois, if the house is still in your late parent’s name alone, it usually has to go through probate before it can be sold. But you don’t have to wait for probate to start planning. You can find out how the house is titled, protect it, talk to a probate attorney, and get a written as-is offer now, so you know your options before anything is filed.
Step 1: Find out how the house is titled
How the deed is held decides whether probate is needed at all. Pull the deed from the Lake County (or McHenry County) Recorder, or ask a title company to look it up.
- Joint tenancy or tenancy by the entirety: the house may pass to the surviving owner without probate.
- Transfer on Death Instrument (TODI): if one was properly recorded, the house goes to the named beneficiary outside probate.
- Held in a trust: the trustee can usually sell without probate.
- In your parent’s name alone, with none of the above: probate is usually needed before the house can be sold.
Why a small estate affidavit won’t sell the house
Families often hear about Illinois’ small estate affidavit, which can settle estates of $150,000 or less in personal property without going to court. It can’t be used to transfer a house or other real estate. If the house is in your parent’s name alone, plan on probate.
What you can do now, before probate is opened
- Secure the house. Lock it, check on it weekly, and keep the heat on in winter so pipes don’t freeze.
- Keep insurance and utilities active. A vacant house with lapsed insurance is a big risk. Tell the insurer the owner has passed away.
- Gather documents: the death certificate, the will if there is one, the deed, the mortgage statement, and the most recent property tax bill.
- Talk to a probate attorney about who will be the executor or administrator and how long it should take.
- Don’t clean it out yet. Take family keepsakes, but leave the rest until you know your plan. If you sell to us, you can leave everything.
- Get a written as-is offer. Knowing what the house is worth as it sits helps the family decide whether to sell, rent, or keep it.
A real example from Waukegan
Joyce and her sisters inherited their parents’ home on Dana Ave in Waukegan while their mother was in hospice. A realtor told them to fix it up before listing. They all lived in other towns, the situation was already heavy, and the house had sat for a year. We bought it as-is, full of furniture, and closed within 30 days.
Another family inherited a longtime Waukegan teacher’s home on North Jackson. The heirs lived in Chicago, took the heirlooms and photos that mattered, and left the rest. Their paperwork was in order, so closing was straightforward, and they never had to clean out a thing.
How selling an inherited house to us works
- We talk through the situation, including where probate stands. There’s no pressure and no obligation.
- We walk the house, or coordinate a walkthrough if the family is out of town, and give you a written offer within 24 hours.
- We close when the estate is ready, usually as soon as the court allows the sale, and we pay the standard closing costs.
- You take what you want. We handle everything left behind.
Frequently asked questions
Can I sell my parent’s house before probate is finished?
It depends on how the house is titled. If it’s in your parent’s name alone, the executor or administrator usually needs authority from the probate court before signing. We can agree on terms now and close once the estate is ready.
Do I have to clean out the house first?
No. Take the keepsakes and leave the rest. We donate or dispose of everything else.
My siblings and I live in different states. Can we still do this?
Yes. Most of the families we help with inherited houses don’t live nearby. We handle the walkthrough and coordinate paperwork by phone and email.
Who pays closing costs?
We cover the standard closing costs. Taxes, any mortgage, and liens are paid from the sale at closing.
Have questions about a parent’s house in Lake, McHenry, or Kenosha County? Call or text Mauricio or Rebecca at (224) 219-1502. We’ll call you within 15 minutes, and there’s never any obligation.
This article is general information, not legal advice. Every estate is different, so talk to an Illinois probate attorney about your family’s situation.