Detailed Answer — How to open an intestate estate in Illinois for a sibling’s house

When a person dies without a will (intestate) in Illinois, the estate must generally go through probate to transfer title to real property such as a house. The probate process lets a court appoint a personal representative (sometimes called an administrator), identify and gather assets, pay debts and taxes, and distribute what remains to heirs under Illinois intestacy law. This article explains the typical steps, what you’ll need, and where to look for statutory authority and local rules.

Key legal background (intestate succession)

Under Illinois law, if someone dies without a will, the Probate Act governs who inherits. The decedent’s closest relatives (spouse, children, parents, siblings, etc.) are entitled to inherit according to the Act. If the decedent left no surviving spouse or descendants but left siblings, those siblings can inherit the estate. The relevant statutes are part of the Illinois Probate Act (see Illinois Compiled Statutes, Probate Act of 1975: 755 ILCS 5/). For the statutory framework, start with the Probate Act overview: 755 ILCS 5/ (Probate Act of 1975) — Illinois General Assembly.

Overview of steps to open probate and transfer a house

Confirm the decedent’s domicile and collect the basic documents. You’ll need a certified death certificate, any title documents for the house (deed), mortgage statements, a list of known bank accounts, and other asset information. Confirm the county in Illinois where the decedent was domiciled (their permanent residence) — that county’s probate court has jurisdiction.
Determine whether probate is required. Not all estates require full probate. If the house is jointly owned with right of survivorship, held in a living trust, or otherwise transferred outside probate, you may not need to open an estate. Small estate procedures or simplified procedures may apply for limited assets. Check local rules or speak with the county clerk.
Identify who can be appointed personal representative (administrator). Because there is no will naming an executor, an interested person (often a close relative) can petition the probate court to be appointed administrator. Illinois law gives priority to certain persons; the court will review competing petitions if they arise.
File a petition for letters of office (appointment of administrator) in the probate court. File the required petition in the circuit court of the county where the decedent lived and pay filing fees. The petition asks the court to appoint an administrator and to issue letters that authorize the representative to act for the estate.
Provide notice and obtain bond if required. The court will require notice to heirs and may require a bond for the administrator unless the court waives it or the heirs agree in writing to the waiver. The notice process and bond rules follow the Probate Act and local court rules.
Inventory assets and secure the property. The administrator must identify and inventory estate assets, including the house, get an appraisal if necessary, and secure property (lock, insure, maintain utilities) while the estate is open.
Pay debts and taxes. Creditors must be notified and allowed to present claims. The administrator uses estate assets to pay valid debts and any taxes owed before distributing property to heirs.
Distribute the estate according to intestacy rules and clear title. After debts and taxes are handled, the court will authorize distribution. For real estate, the administrator may need to execute a deed transferring the house to the heir(s). The deed and court orders are recorded in the county recorder’s office to clear title.
Close the estate. After accounting and distribution, the administrator files a final report and petition to close probate. The court signs an order discharging the administrator when everything is complete.

Documents commonly required

Certified copy of the death certificate.
Original deed or title report for the house.
Records of bank and brokerage accounts, retirement accounts, mortgage payoff statements.
List of known creditors, bills, and outstanding loans.
Names and addresses of heirs and potential beneficiaries.
Petition for appointment of administrator and proposed forms (local probate forms).

Where to file and where to find forms

File probate pleadings in the Circuit Court of the county where the decedent was domiciled. Many counties publish probate forms and filing instructions on their circuit clerk websites. The Illinois Courts site has general probate information: Illinois Courts — Probate. For the statutory framework consult the Probate Act: 755 ILCS 5/ — Probate Act of 1975 (ILGA).

Practical timeline and costs

Time to open and close an estate varies. Simple estates might take a few months. Estates with substantial assets, claims, or disputes can take a year or more. Costs include court filing fees, publication fees, attorney fees (if you hire counsel), appraisal fees, bond premiums (if bond is required), and costs to maintain the property (insurance, taxes, repairs).

When simplified procedures may apply

Illinois provides certain simplified or expedited procedures for estates with limited assets or when asset ownership avoids probate. If the house is the main estate asset and its value is small, or if specific statutory shortcuts apply, you may be able to use a simplified process. The availability and procedure depend on the facts and local rules.

When to consider hiring an attorney

If there are multiple heirs and potential disputes over who should be administrator.
If the house has a mortgage, liens, or title problems.
If creditors assert large claims against the estate.
If you need to partition the property, sell the house on behalf of the estate, or resolve complex tax issues.

An attorney can prepare pleadings, handle creditor notices, negotiate payoffs, prepare deeds to transfer title, and advise on whether simplified procedures apply.

Common pitfalls to avoid

Waiting to secure and insure the house — exposure to vandalism or liability increases risk.
Assuming joint ownership exists — check the deed wording (joint tenancy with right of survivorship must be explicit).
Failing to give proper notice to creditors and heirs — this can create personal liability for the administrator.
Using estate funds for personal expenses — administrators must keep clear accounting.

Statutory references and resources: The Illinois Probate Act governs appointment of administrators, notice, creditor claims, and intestacy rules. Start with the Probate Act available on the Illinois General Assembly site: 755 ILCS 5/ (Probate Act of 1975). For local forms and filing instructions check your county circuit court clerk’s website and the Illinois Courts probate information page: Illinois Courts — Probate.

Helpful Hints

Get multiple certified death certificates when the person dies — you’ll need them for banks, title transfer, and other institutions.
Check the deed carefully for words like “joint tenancy” or “with right of survivorship” — that can bypass probate for the house.
Contact the county recorder’s office to pull the title history before filing probate; this can reveal mortgages, liens, or transfer restrictions.
Start with an inventory and photographs of the house and the property condition to document the estate’s condition when you first take custody.
If the estate appears small, call the circuit clerk’s office to ask about simplified procedures or small estate affidavits — county staff can often explain local steps.
Keep a written log and receipts for any expenses you pay on behalf of the estate (insurance, repairs, utilities) so you can be reimbursed from estate funds.
Notify mortgage holders, utility companies, and local taxing authorities quickly to learn payoff amounts and avoid penalties.
Consider a brief consultation with a probate attorney even if you plan to do much of the work yourself — a lawyer can point out pitfalls and estimate costs.

Disclaimer: This article is informational only and does not constitute legal advice. It summarizes general Illinois probate concepts and typical steps but does not address all facts that might affect a specific case. For advice about a particular situation, consult a licensed Illinois attorney or the local probate court.