Losing someone is hard enough. Then you find out there’s a house involved — and suddenly there’s a whole legal process standing between you and being able to move forward.
If you’ve inherited a house in Illinois and you’re not sure what happens next, this is the plain-English version. No law firm language, just what you actually need to know about the Illinois probate process and what it means for selling the property.
The honest answer: 6 to 12 months in most cases.
Simple estates with clear wills, no disputes, and organized paperwork can move through in 6 months. Contested estates — where heirs disagree, creditors make claims, or paperwork is missing — can drag on 18 months to 2+ years.
Illinois has a specific probate process that goes through the Circuit Court in the county where the deceased lived. For properties in Metro East Illinois, that means St. Clair County Court or Madison County Court depending on where the home is located.
The main stages that eat up time:
That creditor claims window is the biggest bottleneck. Even if everything else is clean, you’re waiting 6 months minimum by law.
Yes — but only once the court appoints a personal representative (executor or administrator) and gives them authority to act on behalf of the estate.
Once that authority is granted, the personal representative can list and sell the property. In many cases you don’t have to wait until probate is completely closed. But the sale proceeds go into the estate account, not directly to heirs — those get distributed when the estate closes.
A few things to know:
That last point is where things can get complicated. If you and your siblings can’t agree on whether to sell, what price to accept, or what to do with the property — you’re looking at delays.
Most of the time, selling during probate makes more financial sense than waiting.
Here’s why: the estate — and therefore the heirs — is responsible for all carrying costs while the property sits. Property taxes, insurance, utilities, maintenance. In Metro East Illinois, that can run $800–1,500 per month with no mortgage, or $1,500–2,500+ if a loan is outstanding. Over 6–12 months, that’s real money that could go to heirs instead.
Selling early stops the bleeding.
The downside is that some buyers get nervous about probate sales because of the paperwork and court involvement. Traditional buyers using financing sometimes walk away when they find out a home is in probate, which delays things further.
📞 Dealing with an inherited property in St. Clair or Madison County? Call Jim at (618) 800-2635 — we buy probate properties as-is and work directly with executors and attorneys.
A cash buyer — like us — doesn’t care that a home is in probate. The title has an estate on it, there’s a personal representative involved, the process has steps — none of that slows us down. We’ve done it enough times that probate paperwork is just part of the transaction.
We also don’t require the home to be cleaned out, repaired, or staged. Inherited homes often have decades of belongings in them. That’s fine. We’ve bought houses where nothing was touched after the owner passed. We handle all of it.
And because we don’t need bank financing, we can close whenever the court and the estate are ready. If probate closes on a Tuesday and you want to close Wednesday — that works.
Does every inherited house go through probate?
Not always. Two situations commonly bypass probate: (1) joint tenancy with right of survivorship — the property passes directly to the surviving co-owner automatically, and (2) a living trust — if the deceased set one up and titled the house in the trust’s name, no probate needed. The Illinois Small Estates Affidavit is sometimes mentioned here, but it cannot be used when real estate is involved — so if a house is the main asset, that shortcut isn’t available. If the home is in the deceased’s name alone with no trust, expect full probate.
Does the house have to go through probate if there’s a surviving spouse?
Not necessarily. Assets held in joint tenancy pass automatically to the surviving spouse without probate. But if the home was in the deceased’s name only — even if they were married — probate is typically required.
What if the house has a mortgage?
The estate is responsible for keeping up mortgage payments while probate is ongoing. If payments stop, the lender can begin foreclosure proceedings even on an estate property. This is another reason to move on the sale as quickly as possible.
Are there taxes when we sell an inherited house?
Illinois does have an estate tax for estates over $4 million. Heirs selling inherited property may also owe capital gains tax, but the basis is typically “stepped up” to the fair market value at the date of death — which limits the gain significantly if you sell soon after inheriting. Talk to a CPA or estate attorney about your specific situation.
What if there are multiple heirs and we can’t agree?
If heirs can’t agree on selling, any heir can petition the court for a partition action. The court can order the property sold and proceeds divided. It’s a last resort, but it exists.
If you’re dealing with an inherited property in Metro East Illinois and want someone to handle the real estate side without drama, that’s what we do. We’ll give you a cash offer within 24 hours, close whenever the estate is ready, and buy the house exactly as it sits — belongings and all if needed.
We work directly with executors, administrators, and heirs. We understand the process, we don’t get cold feet over probate paperwork, and we don’t walk away from deals because the title has an estate involved.
No repairs. No commissions. No obligation. Just a real number on your home.
Simply Sold LLC buys inherited and probate properties throughout Metro East Illinois — Belleville, O’Fallon, Collinsville, Edwardsville, Alton, Granite City, and surrounding St. Clair and Madison County communities.