Illinois: Steps to Put a Deceased Parent’s House into Children’s Names

Detailed answer — how title usually gets transferred

If a person dies in Illinois without a valid will (intestate), state law determines who inherits. The process to place the house into heirs’ names depends on the estate’s size, whether real estate exists alone or with other assets, and whether heirs agree. Two common paths are summary procedures for small estates and formal probate/administration for larger or contested estates.

Who inherits under Illinois intestacy law?

Illinois law sets the order of inheritance. If the decedent was married and had children, the spouse and children usually share in the estate. If the decedent had only children (no spouse), the children inherit. If no spouse or descendants exist, other relatives (parents, siblings) may inherit. See the Illinois Probate Act for details: 755 ILCS 5/2-1 (Disposition of intestate estate).

Option A — Summary or “small estate” transfer (may avoid full probate)

If the estate meets the monetary limits and statutory conditions, you may be able to transfer property without full administration using summary procedures provided by the Probate Act. These procedures can be faster and less expensive, but they have eligibility rules and do not always apply to real estate depending on value and local practice. See: 755 ILCS 5/18-1 (Transfers without administration).

Option B — Formal probate / appointment of an administrator

When summary relief is not available, someone (often a child or other heir) files a petition in the county circuit court to open probate and be appointed as administrator of the estate. The court issues letters of office to the administrator. The administrator collects assets, pays valid debts and taxes, and distributes remaining property to heirs under intestacy rules. To change the deed to the heirs, the administrator can execute and record a deed transferring the property to the named heirs or the heirs may obtain an order of distribution from the court permitting recordation of a deed.

Other routes courts sometimes use

• Affidavit of Heirship / Heirship Determination: In some situations, heirs obtain a court declaration stating who the heirs are, then record that declaration to clear title.
• Quiet title action: If ownership or boundaries are disputed, a quiet title lawsuit can fix title, but this is a longer, litigation-based route.
• Partition action: If multiple heirs inherit and some want to sell while others do not, a court can partition the property (physically divide it or order a sale and split proceeds).

Practical documents and local steps

1. Obtain several certified copies of the death certificate.
2. Search for a will. If none exists, note that intestacy rules apply.
3. Locate the deed and title information at the county recorder/assessor to confirm who is listed as owner and whether a mortgage or lien exists.
4. Contact the county probate clerk to learn filing requirements and forms for opening probate or using summary procedures.
5. If probate is needed, file the petition to open the estate. The court will notify heirs and creditors as required by statute.
6. If you are appointed administrator, obtain letters of office, pay debts, and request a court order (or execute a deed) to transfer title to heirs as the law requires.
7. Record the new deed(s) with the county recorder and update property tax records and homeowner’s insurance as appropriate.

Common timeframes and costs

Summary transfers can take a few weeks to a few months. Formal probate usually takes several months to a year or longer depending on estate complexity, creditor claims, real estate sales, or disagreements among heirs. Costs include court filing fees, possible bond for the administrator, costs for a title search, deed preparation, and possibly attorney fees. Real estate commissions and sale-related costs apply if the property is sold.

When creditors and mortgages are involved

Creditors may have claims against the estate; the administrator must handle those claims according to the Probate Act. Mortgages remain attached to the property until paid or otherwise resolved. If heirs want clear title free of the mortgage, they must pay off or refinance the debt or sell the property and use sale proceeds to satisfy liens.

When heirs disagree

If siblings disagree about taking ownership or selling, consider mediation or court processes such as a partition action or having the court supervise the administration. Disputes can substantially increase expense and time.

When to consider hiring an attorney

Consult an attorney if the estate is moderately large, the title is unclear, there are creditor disputes, multiple states are involved, or heirs disagree. An attorney can file petitions, prepare deeds, and represent you in court. If the estate appears small and heirs agree, you may handle a summary transfer without a lawyer after confirming eligibility with the probate clerk.

Statute references: Illinois intestate rules and summary transfer procedures are in the Illinois Probate Act: 755 ILCS 5/2-1 and 755 ILCS 5/18-1.

Important: This content explains typical procedures under Illinois law. Courts and local clerks apply rules to the facts of each estate. Talk to the county probate clerk or an attorney for case-specific guidance.

Helpful hints

• Gather documents first: death certificate, the deed, mortgage statements, tax records, and any insurance policies.
• Check the county recorder for liens and the chain of title before attempting a transfer.
• Call the local probate clerk to ask whether your estate qualifies for a summary transfer and for required forms and fees.
• Keep all heirs informed and get agreement in writing when possible to avoid disputes.
• If you plan to refinance the property into heirs’ names, talk to lenders early—many require a recorded deed or court approval.
• Be cautious about signing documents: an improperly recorded deed or incomplete probate may create future problems for title insurance or sale.
• If you cannot afford an attorney, ask the court clerk about self-help resources, forms, or low-cost legal aid in your county.
• Understand tax consequences: consult a tax advisor about transfer taxes, property tax reassessment, or capital gains issues tied to future sale.