Disclaimer

This article explains common Illinois probate steps and legal rules in plain language. It is educational only and not legal advice. For decisions about a particular estate, consult a licensed Illinois probate attorney.

Detailed Answer — step‑by‑step guide

When a decedent leaves a will that seems outdated (for example, it does not reflect recent changes in assets, names a deceased beneficiary, or was executed before later life events), you still must follow Illinois probate rules to conclude the estate and obtain authority to sell real property. Below are the practical steps and the legal principles that typically apply in Illinois.

1. Confirm which will (if any) controls

Locate the original will and check for any later wills or codicils. A later valid will generally supersedes an earlier will. Verify signatures and witnesses to determine whether the will is legally valid under Illinois law. If you find a later will, that later document should be presented instead of the older one.

2. Identify who must start probate and what letters you need

File a petition in the county probate court where the decedent lived to admit the controlling will to probate or, if there is no valid will, to open intestate administration. The court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is not) that give the personal representative (executor/administrator) formal authority to act for the estate. The Probate Act governs these procedures; see the Illinois Probate Act for rules and procedures: 755 ILCS 5 — Probate Act of 1975 (ILGA).

3. Determine ownership of the property before relying on the will

Not all property passes under a will. Confirm title to the real property. If the house was held jointly with right of survivorship, in a trust, or transferred by beneficiary deed or contract, the property may transfer outside probate. Only property titled in the decedent’s sole name at death normally passes through probate.

4. If the property is part of the probate estate, get authority to sell

Once you hold Letters Testamentary or Letters of Administration, you have statutory authority to manage estate property, but selling real estate often requires additional steps.

• If the will explicitly grants the personal representative power to sell estate real property, that language can permit sale under independent administration subject to other requirements.
• If the will does not grant sale authority or if beneficiaries disagree, you typically must ask the probate court for an order authorizing the sale.

Illinois law authorizes a representative to sell real property when necessary for paying debts, expenses, or for the administration of the estate. See 755 ILCS 5/18‑1 for the statute that allows court‑authorized sales of estate real property: 755 ILCS 5/18‑1 (Sale of Real Estate by Personal Representative). Follow the court’s procedures for notice, advertising, and confirmation as required by the court and statute.

5. Typical court steps to sell probate real estate

1. File a petition for approval to sell estate real estate describing the property and the reasons for sale.
2. Provide statutory notice to heirs, beneficiaries, and creditors as required by the Probate Act and local court rules.
3. Obtain an appraisal or broker’s price opinion to justify the proposed sale price.
4. If required, the court will order advertisement of the sale and may set a hearing or auction date.
5. After a sale is agreed, seek the court’s confirmation of sale and an order authorizing distribution of proceeds and payment of related costs (mortgage payoff, taxes, commissions).

6. If beneficiaries consent

If all heirs and devisees agree in writing to the sale, some courts allow faster approval or confirmatory orders with less court supervision. You still generally need to show that the sale is fair, that proper notices were given, and that you have authority (Letters) to conduct the transaction.

7. If the will is contested or a beneficiary disputes the sale

If someone contests the will’s validity or objects to the sale, expect litigation. The contest may delay sales until the court resolves disputes. During this time, the court may protect the property through temporary orders—such as restricting transfers or requiring escrow of offers—until the dispute is resolved.

8. Closing the estate after sale

After sale and payment of estate obligations, prepare and file an accounting or petition for distribution with the probate court and request discharge of the personal representative. The court will enter a final order closing the estate and discharging your duties once distributions are approved.

9. Typical documents to prepare for the court and buyers

• Original will (if any) and all codicils
• Death certificate
• Petition for probate and proposed orders
• Letters Testamentary or Letters of Administration
• Deed and public title records
• Preliminary title report, mortgage statements, tax bills
• Appraisal or broker’s price opinion
• Purchase contract and proposed form of court order approving sale

10. Timing and practical expectations

Uncontested, straightforward probates that require court approval for a sale typically take several months. Complicated estates, disputes, or creditor claims can extend the process a year or more. Plan for court scheduling, required notices, and time to obtain appraisals and title work.

Where to read the law

For detailed statutory language and procedure, consult the Illinois Probate Act (755 ILCS 5). The Act and individual sections are available from the Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60, and see the sale provisions at: 755 ILCS 5/18‑1.

Helpful Hints

• Check for a later will first. A later valid will controls an earlier one.
• Confirm title before assuming the property must go through probate.
• Obtain Letters Testamentary or Letters of Administration before signing contracts or collecting offers.
• Get an appraisal and a preliminary title report before asking the court to approve a sale.
• If beneficiaries all agree to a sale, get their written consent to speed approval.
• If you plan to buy the property yourself (or sell to a related party), disclose the relationship to the court and seek explicit court approval to avoid later challenges.
• Keep detailed records and receipts for all estate transactions—you will need them for accounting to the court and for tax purposes.
• Give proper notice to creditors and follow notice requirements in the Probate Act to avoid post‑closing claims.
• Work with a realtor familiar with probate sales and an Illinois probate attorney for court filings and litigation risk management.
• When in doubt, ask the court for instructions or a specific order authorizing the action you propose—clear court authority reduces later disputes.