For a simple estate with a house and no disagreements between heirs, probate in Cook County often takes about a year from the day the estate is opened. It can’t close in much less than six months, because creditors get at least six months from the first published notice to file claims. A will contest, a supervised estate or a house that won’t sell can stretch it to two years or more. The good news is that the house can usually be sold long before the estate closes.
The short answer
Plan on roughly a year for an uncomplicated Cook County estate. The legal floor is the claims period, which ends no sooner than six months after the notice to creditors is first published, plus the time it takes to open the estate before that and close it afterward. Once the court issues letters of office, the executor or administrator can usually sell the house, so the sale can happen in the first few months instead of at the end.
What are the stages of probate in Cook County?
Probate cases in Cook County are heard by the Probate Division of the Circuit Court at the Daley Center, 50 W. Washington St., Room 1202, in downtown Chicago. Here is how a typical estate with a house moves through it.
- Opening the estate. A petition asks the court to admit the will, if there is one, and appoint the executor, or to appoint an administrator if there is no will. The Clerk of the Circuit Court lists the fee to open a decedent’s estate at $479. Heirs receive notice, and the case goes on the court’s calendar.
- Letters of office. After the judge signs the order, the Clerk issues letters of office. This is the document that gives the representative authority to act for the estate, including signing a deed. Before letters are issued, nobody can sell the house on the estate’s behalf.
- Notice to creditors and the claims period. The representative publishes a notice once a week for three weeks in a row. Under 755 ILCS 5/18-3, the claim date must be at least six months after the first publication, or three months after notice is mailed or delivered to a known creditor, whichever is later. This is the one stage nobody can shorten.
- Inventory and managing the property. In a supervised estate, a verified inventory is filed with the court within 60 days after letters are issued. In an independent estate, the inventory and accounts go to the heirs and beneficiaries instead of the court. Meanwhile, someone has to keep the house insured, locked up and paid up.
- Selling the house. This can happen any time after letters are issued, as long as the representative has the authority to sell, which is covered below.
- Paying claims, taxes and expenses. Valid claims, final bills and the costs of running the estate are paid from estate funds, including the money from the sale.
- Accounting and closing. In an independent estate, the representative files a final report and mails a copy to anyone who hasn’t signed off, within 14 days of filing. If nobody objects within 42 days of the filing, the representative can ask to be discharged. Heirs who sign receipts and approvals can make this step faster.
Independent vs supervised administration: which is faster?
Independent administration is usually faster and less expensive. An independent representative can sell real estate without a court order, unless the will says otherwise. The exception is a house the will leaves to a specific person. That house can’t be sold without that person’s written consent.
In supervised administration, the judge watches more closely. Inventories and accounts are filed with the court, and major steps such as selling the house need court approval first. That means more hearings, more attorney time and more waiting on the court calendar. Supervised administration is used when the court wants extra protection for someone with an interest in the estate, such as a minor, or when an heir or creditor asks for it.
What speeds probate up or slows it down?
| Tends to speed it up | Tends to slow it down |
|---|---|
| A valid will that names an executor | No will, or a will someone challenges |
| Heirs who sign waivers, consents and receipts | Heirs who can’t be found or don’t agree |
| Independent administration | Supervised administration |
| Few debts and no lawsuits | Disputed creditor claims |
| A house that sells quickly as-is | A house that sits on the market or needs repairs before a lender will finance it |
| Clear title | Title problems, such as an old mortgage that was never released |
One more date to know: under Illinois law, any claim that could have been barred is barred two years after the date of death, even if no estate was ever opened.
Can you sell a house before probate closes in Illinois?
Yes, in most cases. Once letters of office are issued, the representative can sign a sales contract and sign the deed at closing. The title company will ask for a copy of the letters, and in a supervised estate it will also want the court order approving the sale. Selling early often makes sense, because the house costs money every month it sits.
A sale doesn’t end the probate case. The money goes into the estate account, and the representative holds what’s needed for claims and expenses until the claims period runs out. Heirs receive their shares at distribution, not at the closing table.
If you’re an heir but not the representative, you can’t sell on your own. You can ask the representative to sell or work out a plan with the other heirs. If the house is empty, our page on selling a vacant house in Chicago explains the risks of letting it sit.
What does probate cost in Cook County?
There isn’t one fixed price, but these are the costs to plan for:
- Court fees. $479 to open a decedent’s estate, per the Clerk of the Circuit Court. Later filings and certified copies of letters cost extra.
- Publication. The newspaper charges to run the claims notice three weeks in a row.
- Bond. Some representatives have to post a surety bond, which comes with a premium.
- Attorney fees. Most Cook County estates use a probate attorney. Fees vary by firm and by how much work the estate needs.
- Carrying costs. Property taxes, insurance, utilities, lawn care, snow removal and repairs keep coming. Cook County bills property taxes in two installments a year, and the bills don’t stop because the owner died. If taxes have already fallen behind, read about selling a house behind on property taxes.
- Selling costs. If you list, expect commissions, repairs, seller closing costs and transfer taxes.
Is there a way to skip probate for a house?
Sometimes. A house held in a living trust, owned in joint tenancy or tenancy by the entirety, or covered by a recorded transfer on death instrument usually passes without a probate estate. The Illinois small estate affidavit doesn’t help with a house. It covers personal property up to $150,000 and doesn’t reach real estate. An attorney can tell you which of these applies to the house you inherited.
How selling a probate house to us works
We’ve bought houses in Chicagoland for more than 20 years, and the steps fit around the court process:
- The representative, or the heirs together, call us at (773) 825-9855 or request an offer online.
- We see the house and give a fair cash offer within 24 hours, and we show the math behind the number.
- Nothing has to be cleaned out or repaired. We buy as-is.
- Once letters of office are in hand, plus court approval if the estate is supervised, we close at a local title company in as little as 2–3 weeks or on the date the estate needs.
- We pay normal closing costs and all transfer taxes, and there are no commissions or fees.
Listing with an agent may bring a higher price if the house is updated and the heirs can wait on the market. A cash sale fits better when the house needs work, nobody lives nearby or the heirs want it settled. Our guide to selling probate property in Chicago and our page on selling an inherited house go further, and you can read how our process works step by step. We buy throughout Cook County and the suburbs.
Want to know what the house is worth to a cash buyer before the estate decides anything? Ask for a free, no-obligation cash offer, or call or text us at (773) 825-9855.
This guide is general information, not legal or tax advice. Talk with a probate attorney about your estate.