Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
Under Illinois law, real property titled solely in your deceased parent’s name does not pass automatically to heirs. You must determine how title transfers by examining the deed, any beneficiary designations, and trust or probate records.
1. Review the Recorded Deed
Obtain a copy of the deed from the County Recorder’s Office. Check the style of ownership: joint tenancy, tenancy by the entirety (spouses only), or sole ownership. Look for “with right of survivorship”—that indicates joint tenancy. If the deed lists only your parent without survivorship language, it indicates sole ownership.
2. Identify a Transfer on Death Deed
Illinois allows a Transfer on Death Instrument under the Transfer on Death Instrument Act (755 ILCS 27/1 et seq.). A valid TOD deed names a beneficiary who inherits property automatically upon death. If your parent filed a TOD deed, record a certified death certificate and an affidavit to transfer title to the beneficiary.
3. Check for Trust Ownership
Your parent may have placed the property in a revocable living trust. In that case, the successor trustee distributes real estate per the trust terms without probate. Request a copy of the trust and review the successor trustee clause.
4. Probate and Intestate Succession
If no TOD deed or trust applies, the property becomes part of your parent’s estate. The court administers title transfer under the Illinois Probate Act (755 ILCS 5/1-1 et seq.). A personal representative (executor) files a petition in the circuit court. The court validates any will. If there is no valid will, property distributes under Intestate Succession (755 ILCS 5/2-1). Typically, children inherit equally if no surviving spouse exists.
5. Finalize Title Transfer
Once the court issues Letters of Office and approves distribution, the personal representative records a probate deed with the County Recorder’s Office. The new deed names the heir(s) or devisee(s) as owners.
Helpful Hints
- Search the County Recorder’s online index for deed and TOD filings.
- Visit the circuit court probate division to check for wills and probate records.
- If the estate is small, ask about simplified probate procedures.
- Maintain certified copies of the death certificate for record filings.
- Consult a probate attorney to confirm timelines and required filings.