Illinois: How to Find the Rightful Heirs and Determine Who Owns Property After a Grandparent Dies | Illinois Probate | FastCounsel
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Illinois: How to Find the Rightful Heirs and Determine Who Owns Property After a Grandparent Dies

August 14, 2025 6 min read

Detailed Answer

Short overview: When a grandparent dies, ownership of their real property and the identity of the rightful heirs depend on whether the grandparent left a valid will or used a method that transfers title outside probate (for example, joint tenancy, a trust, or a transfer-on-death designation). If the grandparent died without a will, Illinois’ intestacy rules control who inherits. To determine heirs and clear title you will usually need to search records, gather documents, and often open a probate case or other court proceeding.

How Illinois law decides who inherits when there is no will

If the decedent left no valid will, Illinois follows the Probate Act of 1975 (intestate succession rules) to determine heirs and split the estate. Those rules describe the order and share of distribution among a surviving spouse, children (and their descendants), parents, siblings, and more. For the statute, see the Illinois Probate Act of 1975 (755 ILCS 5/). https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60.

Common title-transfer scenarios (what to look for)

  • Valid will: Property generally passes according to the will after probate. If a will exists, it usually must be filed in the county probate court where the decedent lived.
  • Joint tenancy with right of survivorship: If the deed names co-owners as joint tenants, the surviving joint tenant(s) typically own the property automatically; probate is not required to transfer title.
  • Trust ownership: If the property was owned by a living trust, the successor trustee can transfer title to beneficiaries without probate.
  • Transfer-on-death deed or beneficiary designation: Some deeds or accounts include beneficiary designations that pass outside probate. Check the deed and other records for such designations.
  • No estate planning (sole ownership with no beneficiary): Probate will likely be required. If the estate is small, simplified procedures may apply.

Step-by-step: How to find heirs and determine ownership

  1. Obtain the death certificate. You will need certified copies to deal with banks, transfer title, and open probate.
  2. Search for a will. Ask relatives, check the decedent’s safe, filing cabinet, attorney files, and mail for correspondence with an attorney. If you find a will, file it at the local probate court.
  3. Check the county Recorder of Deeds (or Recorder’s office) where the property is located. Search deeds to see how title is held (sole ownership, joint tenants, tenancy in common, trust, or a recorded transfer-on-death deed).
  4. Check for a trust. Look for trust documents among the decedent’s papers or contact the decedent’s attorney or financial advisor. Real estate held in a trust bypasses probate.
  5. Search public records and filings. Check probate court records for any existing estate administration or petitions. Probate filings are public and will show appointed personal representative and distributions.
  6. Identify likely heirs. If no will exists, start with closest relatives: spouse (if any), children, grandchildren, parents, and siblings. Illinois intestacy law (see Probate Act) sets the order and shares.
  7. If heirs are unknown or in dispute, file a petition in probate court for appointment of a personal representative or for a formal determination of heirs. The court can appoint someone to gather assets, notify interested persons, and make final distributions.
  8. Consider small-estate procedures. If the estate value falls under Illinois’ simplified limits, you may use affidavit procedures to collect certain property without full probate. Check local court rules or consult counsel before using those methods.
  9. Clear title if needed. If ownership is unclear or there are competing claims, a quiet title action or other court proceeding may be required to resolve disputes and clear the deed.

Documents and records to gather

  • Certified death certificate(s)
  • Original will and codicils (if any)
  • Deeds and title documents
  • Trust documents (if applicable)
  • Mortgage statements, property tax bills, and insurance papers
  • Bank and retirement account statements showing beneficiaries
  • Marriage, birth, and adoption records to confirm family relationships

When to contact an attorney

Consider a probate or real estate attorney if any of the following apply:

  • There is no will and multiple people claim to be heirs.
  • Title shows joint ownership but ownership facts are unclear or contested.
  • Heirs can’t be located, or disputes among family members arise.
  • The estate has significant assets or debts, complex tax issues, or real property with liens or title defects.
  • You need to file a quiet title action or other litigation to clear ownership.

Basic court procedures in Illinois

To transfer property through probate you generally must file a petition with the county probate court where the decedent lived. The court appoints a personal representative (executor or administrator). The representative inventories assets, notifies creditors, pays valid debts, and distributes remaining property under the will or under Illinois intestacy rules. See the Illinois Probate Act of 1975 (755 ILCS 5/) for statutory rules that guide this process: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60.

Typical timeline and likely costs

Simple matters (small estates, clear beneficiary designations) can resolve in weeks to a few months. Full probate for real property and contested estates often takes many months to over a year. Costs include court fees, publication and notice costs, attorney fees, and possible executor compensation. If heirs agree and the estate qualifies, simplified procedures reduce time and expense.

Action checklist you can use now

  1. Get multiple certified death certificates.
  2. Search for a will and trust documents.
  3. Contact the county Recorder of Deeds to pull the property’s deed and chain of title.
  4. Check probate court records in the county where the grandparent lived.
  5. Make a family tree and collect birth/marriage records to show relationships.
  6. If unclear or contested, consult a probate attorney for next steps.

Disclaimer

This information is educational and not legal advice. It summarizes general Illinois law and common steps used to find heirs and determine ownership of property after a death. Every case is different. For advice about your specific situation consult a licensed Illinois attorney who handles probate and real estate matters.

Helpful Hints

  • Start with records: certified death certificate, deed search, and a will search.
  • Don’t rely on informal promises—get title changes documented through the proper court or records office.
  • If you find a recorded deed that names joint tenants, check whether it includes language indicating a right of survivorship.
  • Look for beneficiary designations on financial accounts—those pass outside probate when valid.
  • If you cannot locate heirs, the probate court has procedures to notify potential interested parties and appoint a guardian of the estate.
  • When in doubt, an initial consultation with a probate attorney can save time and reduce conflict.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.