Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name? – IL | Illinois Probate | FastCounsel
IL Illinois

Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name? – IL

Detailed Answer

When a property undergoes a foreclosure sale in Illinois, any sale proceeds exceeding the amounts owed create surplus funds. Under the Code of Civil Procedure, surplus funds remain with the court-appointed trustee until claimed by an entitled party (735 ILCS 5/15-1506(c)).

If the foreclosed property was solely in the deceased spouse’s name, the surplus becomes an asset of the decedent’s estate. Only persons with a legal interest in the estate—typically the personal representative, beneficiaries named in a will or, absent a will, heirs at law—can claim these funds.

1. Appointment of Personal Representative: To access estate assets, including surplus proceeds, someone must serve as personal representative. An interested party petitions the local probate court under the Illinois Probate Act (755 ILCS 5/2-1 and 755 ILCS 5/6-13).

2. Claim Procedure: Once appointed, the personal representative files a claim for surplus proceeds with the foreclosure trustee or proceeds court. Illinois law generally allows up to four years from the sale date to claim surplus funds (735 ILCS 5/15-1506).

3. Distribution of Funds: After claiming, the personal representative disburses surplus proceeds to beneficiaries according to the decedent’s will. If there is no will, the personal representative distributes funds under Illinois intestate succession rules. A surviving spouse may inherit all or part of the estate depending on surviving issue (755 ILCS 5/2-1).

Helpful Hints

  • Initiate probate promptly to avoid missed filing deadlines.
  • Obtain a certified death certificate and letters of office for the personal representative.
  • Review the decedent’s will, if any, to identify named beneficiaries.
  • Understand intestate succession: a surviving spouse often inherits first, followed by children and other relatives.
  • Note the four-year deadline to claim surplus proceeds under 735 ILCS 5/15-1506.
  • Consult a local probate or real estate attorney for complex estates or multiple heirs.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.