Illinois has 102 counties with Cook County (Chicago) handling more probate filings than the next 10 counties combined. The state's Probate Act of 1975 created a structured, formal probate process — much more rigid than the UPC states — and pairs it with a strong Independent Administration provision that allows executors broad authority. Inherited-home volume is concentrated in the Chicago metro and the suburban collar counties (DuPage, Lake, Will, Kane, McHenry).
Illinois has a two-track probate system. Independent Administration (755 ILCS 5/28-1) — available when authorized by the will or all heirs agree — lets the executor sell real property without court orders. Supervised Administration requires court approval for every major step. Most uncontested Illinois estates use independent administration. The 6-month creditor period after publication (755 ILCS 5/18-3) is the binding floor on closing.
Cook County's Probate Division at the Daley Center handles roughly 25,000 estate filings per year — by far the largest probate court in the country. The collar counties (DuPage, Lake, Will, Kane, McHenry) use Tyler Tech Odyssey systems with their own portals.
Illinois has a Small Estate Affidavit (755 ILCS 5/25-1) for estates under $100,000, but real property is excluded — any inherited home requires full administration. Illinois has a state estate tax with a $4M exemption (significantly lower than the federal $13.61M), which means many high-equity north-side Chicago and North Shore inherited homes trigger state estate tax and run on the longer timeline.
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Not every estate goes through it — it depends on how the home was titled, whether there's a will or trust, and Illinois rules. We'll help you find out.
Start with probate →Selling isn't the only option. Talk through whether it makes sense for you and what you'd actually walk away with after costs and the stepped-up basis.
Explore selling →Renting, holding, or renovating could be worth it. See what the numbers look like in your specific market before deciding.
Look at keeping it →Before you sell, rent, or move in, understand the home's real condition — and what fixing it up would actually take locally.
Check repairs →Independent Administration typically clears in 9 to 14 months in Cook County. The 6-month creditor period under 755 ILCS 5/18-3 is the floor. Estates subject to Illinois estate tax often run 14 to 18 months.
Yes. The Illinois Residential Real Property Transfer on Death Instrument Act (755 ILCS 27) authorizes TOD instruments for residential property. Use is growing but still less common than in Arizona or Nevada.
Downstate counties (Sangamon, Champaign, McLean, Peoria, Madison, St. Clair) see meaningful inherited-home volume with much less listing competition than Cook or the collars. Median equity is lower but conversion rates are higher.
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