Selling a house in probate in Chicago? Here's how it works.
If a Cook County judge appointed you to handle an estate, the house is often its biggest asset. We buy probate houses as-is and work with your attorney and the title company to close it the right way.
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How a probate sale works in Cook County
As executor (named in a will) or administrator (appointed when there’s no will), your job is to gather the estate’s property, pay its debts and distribute what’s left. Selling the house is often part of that job. The steps below assume Illinois real estate that was in the decedent’s name alone.
- Open the estate
Your attorney files a petition in the Probate Division of the Circuit Court of Cook County at the Daley Center. If the decedent lived in a collar county, the case goes to that county’s courthouse instead: Wheaton for DuPage, Joliet for Will, Geneva for Kane, Waukegan for Lake or Woodstock for McHenry.
- Get letters of office
When the judge appoints you, the clerk issues letters of office. They’re your proof of authority, and the title company will want a current certified copy before it insures a sale.
- Know your type of administration
Under independent administration, you can sell real estate at a public or private sale without a court order. Real estate the will leaves to a specific person needs that person’s written consent. Under supervised administration, you need the court’s permission to sell.
- Publish the claims notice
Creditors get a deadline at least six months after the first publication. You can usually sell before then, but keep enough money in the estate to cover claims and expenses.
- Sell, account and close
After closing, the proceeds go into the estate account. Once claims and expenses are paid, you account to the heirs and close the estate.
When the court has to approve the sale
In a supervised estate, your attorney files a petition for leave to sell that describes the property, its value and any liens, usually with the proposed contract attached. People with an interest in the property get notice. The court then approves the sale, either up front or after a report of sale, and the deed is generally delivered within 30 days after approval. All of this adds time, so set the closing date with your attorney.
Most estates start out independent. An heir or other interested person can ask the court to convert to supervised administration, and the wording of the will affects how easily that happens.
Ways out, compared
If an heir wants the house, the estate can deed it to them, sometimes with a buyout of the other heirs’ shares. Nothing is sold, but that heir takes on the loan, taxes and upkeep.
If the estate has cash to cover taxes, insurance and upkeep, you can wait for a better market or for the heirs to decide. Those costs keep coming, and a vacant house needs watching.
Agents handle probate listings regularly, and listing usually brings the top price for a house in good shape. Plan for repairs, showings and a buyer’s financing contingency.
We buy as-is, contents included, with no financing contingency, and set closing around your letters and any court approval. We pay normal closing costs and all transfer taxes.
What you sign as executor, and how closing works
You act for the estate, not for yourself. Here’s how that plays out at each step.
- The contract. You sign as representative of the estate. In a supervised estate, the contract is normally made subject to court approval.
- The deed. You sign an executor’s or administrator’s deed. A buyer dealing in good faith with an independent representative generally doesn’t have to look into your authority, which is why the title company relies on current letters.
- Payoffs. The title company pays any mortgage, liens and back taxes from the sale. In Chicago it also handles the final water bill so the city issues its Full Payment Certificate.
- Proceeds. The net goes into the estate’s account, not to you or the heirs directly. You distribute it after claims and expenses are paid.
- Costs. When you sell to us, we pay normal closing costs and all transfer taxes.
Handling a Chicago probate sale from another state
Illinois lets a person who lives in another state serve as executor, as long as they’re at least 18, a U.S. resident and meet the other legal requirements. The court can require a nonresident executor to post a bond, even if the will waives it. Ask your attorney about the bond early, since its cost comes out of the estate.
You don’t have to fly in to sell the house. We can meet a relative, neighbor or your attorney at the property, send the offer by email and coordinate the timeline with your attorney. The title company can send the closing documents for you to sign in front of a notary where you live, then wire the proceeds to the estate account.
Because of the claims period, an estate can’t close in less than about six months. The sale itself can move much faster once you have letters and the title company is satisfied.
Three steps. You pick the closing date.
- Tell us about the house
Fill out the form or call (773) 825-9855. A few quick questions, no pressure.
- Get a fair cash offer in 24 hours
We look at the house with you and show you how we got the number. No obligation.
- Close on your date
As soon as 2–3 weeks, or take more time. We close at a local title company and pay your closing costs.
Questions sellers ask
Can an executor sell a house without court approval in Illinois?
Under independent administration, yes. The representative can sell real estate without a court order, though property left to a specific person needs that person’s written consent, and supervised estates need the court’s permission.
How do I know if the estate is independent or supervised?
It’s stated in the order appointing you and on your letters of office. Your attorney can confirm it.
Do all the heirs have to sign the sale papers?
Generally no. You sign as representative. Heirs have rights to information and can object or ask for supervised administration, so keep them informed.
Can I sell before the six-month claims period ends?
Often yes. Just keep enough money in the estate to pay valid claims and expenses before you distribute anything.
How long does court approval take in a supervised estate?
It depends on the judge’s calendar and the notice required. Ask your attorney for a realistic date and set closing after it.
Do I have to come to Chicago to sell the house?
Usually not. Showings can be handled by someone local, and closing documents can be signed before a notary in your state.
What if the house has back taxes or a reverse mortgage?
They’re paid from the sale at closing, once the title company gets the payoffs. If there’s a reverse mortgage, contact the servicer right away, because those loans have deadlines after the borrower dies.
Should the estate list the house with an agent?
If the house is in good shape and the heirs can wait, listing often brings more money. A cash sale fits when it needs work, you’re far away or the estate needs a firm closing date.
How Long Does Probate Take in Cook County When There’s a House?