Probate in Illinois | IL Legal Resources | FastCounsel

How to File a Partition Action in Illinois to Force Sale of a Deceased Parent's House

Answer — How to pursue a partition and force sale of co-owned real estate under Illinois law Disclaimer: This article is for general information only and is not legal advice. It explains Illinois law in simple terms so you can decide whether to consult a lawyer. For help with a specific case, contact a licensed […]

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Illinois — How to Prove a Zero Balance and Formally Close Your Spouse’s Estate

Detailed Answer: How to prove a zero balance and formally close your spouse’s estate in Illinois Short answer: If your spouse’s estate has no assets after valid debts are paid (or if assets pass outside probate), you still must follow probate procedures unless no probate is required. In Illinois the usual route is to (1) […]

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Illinois — Can You Use a Small Estate Affidavit for an Intestate Estate Instead of Formal Probate?

Overview Short answer: No — you cannot use a North Carolina small‑estate affidavit in Illinois. If a person died intestate (without a will) and you want to avoid formal probate in Illinois, you must follow Illinois law and the Illinois procedures for collecting a decedent’s assets by affidavit or other simplified procedures. Whether you can […]

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What to Do in Illinois If Mediation Fails in a Partition or Probate Dispute

When Mediation Does Not Produce a Settlement in an Illinois Partition or Probate Dispute This article explains what typically happens next in Illinois when parties fail to reach a mediated resolution in a dispute involving partition of real property or a probate matter. It summarizes the legal framework, practical next steps, and options to avoid […]

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How to Open Probate in Illinois When You Live Out of State

Can I open probate in Illinois for my sibling’s estate if I live out of state? Short answer: Yes — you can usually open probate in Illinois for a sibling who died domiciled in Illinois even if you live in another state. The process requires filing in the Illinois circuit court where the decedent lived, […]

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How to Settle an Illinois Parent's Estate and Handle Property in Another State

Settling an Illinois Resident’s Estate and Handling Real Property in Another State Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change, and your facts matter. Consult an Illinois probate attorney and, if necessary, counsel in the state where the property sits before taking action. Detailed answer — step-by-step under […]

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Illinois — How to File and Record a New Deed After a Spouse’s Death So Your Child Becomes Owner

Detailed Answer: How to transfer real estate title after a spouse’s death under Illinois law Short answer: The exact steps depend on how the property was titled before death. If the property passed automatically (for example, joint tenancy with right of survivorship or tenancy by entirety), the surviving owner may record the death certificate and […]

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Illinois: Can a Co‑Heir Be Required to Reimburse an Appraisal Before an Estate Buyout?

Understanding who pays for an appraisal before an estate buyout — Illinois guidance Quick summary: Whether you can require a co‑heir to reimburse you for an appraisal before completing a buyout depends on who ordered and paid for the appraisal, whether there is an executor or administrator handling the estate, any written agreement between heirs, […]

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Do I Need a TOD Deed or POD Designation if My Will Leaves Everything to My Daughter? — Illinois

Detailed Answer Short answer: Yes — in many cases you still need transfer-on-death (TOD) deeds or payable-on-death (POD) beneficiary designations if you want property to pass to your daughter outside of probate. A will controls only property that passes through probate. Many common assets pass outside probate by title or contract, and those transfers are […]

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

FAQ — Transferring a Parent’s Home When They Die Intestate in Illinois This FAQ explains the typical legal paths, steps, and practical tips for getting title to real estate into heirs’ names when a person dies without a will under Illinois law. This is general information, not legal advice. Detailed answer — how title usually […]

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