Getting Probate Court Permission to Sell Estate Property in Illinois

Short answer: If you are the executor or administrator, you usually must ask the probate court for authority to sell estate real estate unless the will specifically gives you clear, express power to sell. If the clerk’s office refuses to explain filing requirements, use the court’s written rules and statutory guidance, prepare a Petition for Authority to Sell Real Estate (with supporting documents and notice to heirs), file it with the probate division, and ask for a hearing. If you need help, use local court resources, a lawyer-referral service, or free legal aid.

Detailed answer — step-by-step under Illinois law

Start by identifying your status in the estate and the documents the court already issued:

Are you named as executor in the will and do you hold Letters of Office (Letters Testamentary)? Or were you appointed administrator by the court (Letters of Administration)? You will need a certified copy of those letters to prove authority to act for the estate.
Locate the probate case number and the judge or division handling the matter. The county court that opened probate will handle any petition to sell estate property.

Why court permission matters: The Probate Act of Illinois governs administration of estates. Unless the will gives the personal representative explicit power to sell without court involvement, most real estate sales by an estate require court authorization so that the court can protect beneficiaries, creditors, and third parties (see the Illinois Probate Act: 755 ILCS 5). For the statute and related provisions, see the Illinois Compiled Statutes for the Probate Act: 755 ILCS 5 (Probate Act of 1975).

Typical court process to get permission to sell

Confirm authority and gather documents. Get certified Letters of Office, a certified copy of the death certificate, the will (if any), the last estate accounting or inventory, and any appraisal or broker’s listing agreement for the property.
Prepare a Petition for Authority to Sell Real Estate. The petition normally states: who the petitioner is, the probate case number, a legal description of the property, why the sale is necessary or in the estate’s best interest, the proposed terms of sale (price or method of sale), and a request for a court order authorizing the sale and approving the sale procedure (private sale, public auction, sale subject to confirmation, etc.).
Attach supporting documents. Attach Letters of Office, a copy of the will if applicable, a current appraisal or broker’s comparative market analysis, a proposed purchase contract (if you have a buyer), and a proposed order for the judge to sign.
Give notice to interested persons. Illinois law and local court rules require notice to heirs, devisees, beneficiaries, and certain creditors. The court must be able to show that interested parties received notice of the petition and the hearing so they can object if needed. (See the Probate Act and local rules for notice content and methods: mail and possibly publication.)
File the petition and schedule a hearing. File your petition with the probate clerk’s office and pay the required filing fee. The clerk will set a hearing date. If the clerk will not explain requirements, consult the court’s website or local probate rules (many counties publish forms, filing guides, and hearing calendars online).
Attend the hearing and obtain court order. At the hearing the judge will review the petition, consider objections (if any), and either grant the requested authority with an order that sets the sale conditions or deny/modifiy the request. Keep a certified copy of the signed order to present to any buyer or title company.
Complete the sale and file required reports. After the sale, you will often file a report of sale with the court and may need the court to confirm the sale or approve distribution of proceeds. Follow any additional steps in the court’s order (e.g., pay creditor claims, set aside amounts for taxes or homestead allowances).

What if the will expressly authorizes sale?

If the will gives the personal representative explicit power to sell real estate, you may be able to sell under that statutory or testamentary power without the same level of court approval. However, many buyers and title companies still want a court order or a clear record (filed pleadings and Letters of Office) showing a representative’s authority. Check the will language and consider filing a short petition or notice with the court so the sale will not be challenged.

What to do when the clerk refuses to explain filing requirements

The clerk’s office cannot give legal advice, but it must provide public information: local rules, required forms, filing fees, and how to view the court docket. Ask specifically for the county’s probate rules, the list of required documents, and any approved petition forms.
Search the county court’s website for probate forms and instructions. Many Illinois counties post sample petitions, order templates, and notice forms online.
Review the Illinois Probate Act (link above) for statutory notice requirements and authority sections. Use the statute only to guide questions; it does not replace legal counsel.
If the clerk remains unhelpful, ask to speak with the court administrator or the judge’s courtroom clerk for procedural guidance (not legal advice). You may also request a clerk’s written list of filing requirements by email or in person to avoid miscommunication.
Consider hiring an attorney for a limited task: preparing and filing the petition and appearing at the hearing. Many probate attorneys offer limited-scope representation to prepare a single pleading or attend a hearing.

Practical checklist: what to file or bring to file a petition

Certified Letters of Office (Letters Testamentary or Letters of Administration)
Certified copy of the death certificate
Copy of the will (if any)
Legal description of the property and parcel ID
Appraisal, broker’s opinion of value, or listing agreement
Proposed purchase contract (if a buyer exists)
Proposed order for the judge to sign
List of interested parties with addresses for notice
Filing fee (check county schedule) and copies for service

Where to get help in Illinois

County court website and local probate court rules (look up your county’s court online).
Illinois Compiled Statutes — Probate Act: 755 ILCS 5.
Illinois State Bar Association — lawyer referral and resources (search for county bar referral programs).
Legal aid organizations and pro bono clinics in Illinois that handle estate and probate matters (search locally for “legal aid probate Illinois”).
Title company or real estate attorney — they often can tell you what court documents buyers and lenders will require to close.

Helpful Hints

Document every contact with the clerk’s office. Note dates, names, and what you were told.
Bring a draft proposed order with your petition. Judges often sign a clean, properly worded order more quickly than drafting one from scratch.
Provide clear notice to beneficiaries and heirs even if you think they will not object—lack of notice can delay or invalidate a sale.
If a buyer or lender asks for court confirmation or an order, file sooner rather than later; buyers and title companies will usually not close without it.
Consider a limited-scope attorney if you only need help drafting the petition or attending the hearing. It often costs less than full representation.

Disclaimer: This article explains general Illinois probate procedure and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific case, consult a licensed Illinois attorney.