Probate is the court-supervised process of identifying a decedent’s assets, paying valid debts and taxes, and distributing what’s left to heirs or beneficiaries. In Illinois, the Probate Division of the Circuit Court handles decedent estates at the county level. Circuit Court of Cook County
Typical phases and how long they take
- Open the estate & get authority (Letters): The court appoints an executor (if there’s a will) or an administrator (no will). Once appointed, you receive “Letters of Office/Authority,” which let you act for the estate. Time to appointment varies by county and court backlog. Circuit Court of Cook County
- Notify heirs & creditors: Heirs get notice; creditors are notified by publication and/or mail. Illinois law gives creditors six months to file claims after publication, which sets a minimum timeline many estates must wait out. 19th Judicial Circuit Court
- Inventory & value assets: You document real estate, accounts, personal property, etc.
- Resolve debts, taxes, and any liens: Valid claims are paid; disputes can extend the process.
- Distribute to heirs & close the estate: After the claims window and obligations are handled, you distribute what remains and file to close.
Most straightforward estates wrap up in about 6–12+ months (longer with disputes, tax issues, or real-estate complications). The six-month creditor period is the key driver even for smooth cases. Naperville Divorce Lawyer+1
When you might not need full probate (Small Estate Affidavit)
Illinois allows a simplified Small Estate Affidavit for estates under a statutory cap when there’s no solely owned real estate to transfer. As of August 15, 2025, legislation increased the cap to $150,000 (with changes to how motor vehicles count). Always confirm you qualify before relying on this shortcut. Faegre Drinker+1
Selling an inherited house during probate
You can often sign a contract during probate once the representative has authority; title typically requires proof of authority and, in some cases, specific court approval. If you prefer a certain closing date (e.g., after the six-month claims period), the contract can reflect that.
Your next three steps if there’s a house in the estate
- Confirm authority: Make sure the executor/administrator has active Letters.
- Get a quick title check: Identify mortgages, liens, HOA dues, or tax issues early.
- Choose your sale route: Comparative options—list retail, sell FSBO, or request a fair, as-is cash offer from Tony Buys Homes.
For a no-pressure, local cash option, see our city pages:
- Sell My House Fast Hammond, IN (link to your Hammond page)
- Sell My House Fast Naperville, IL (link to your Naperville page)
Disclaimer
This guide is general information, not legal advice. Court procedures and statutes change; consult an attorney about your specific estate.