Skip Probate: How Illinois Inheritance Laws Can Save You Time and Money

Losing a parent is hard enough without the added stress of dealing with probate court. The good news is that in Illinois, you do not need to go through probate to inherit your parent's property. When a parent dies, their real estate automatically transfers to their heirs which includes their children. This means you already own your share of the property at the moment of death[3], saving you time and money.

Why You Can Avoid Probate

Many people think probate is required to handle a deceased parent's estate, but in Illinois, that's not the case. Probate is expensive, costing $12,500 on average [1], has upfront out-of-pocket costs, and it takes a year and a half on average. However, real estate doesn't have to go through this process because Illinois law automatically passes ownership to the heirs at the time of death [3].

How to Claim Your Inheritance

To officially claim your inherited property, you'll need to work with a real estate attorney specializing in inheritance (meaning  Deranian Law, of course!) who will produce and provide some simple paperwork through a title company that also specializes [4], including:

• Affidavit of Heirship: A document that proves you're the rightful heir and outlines the relationship between the deceased and heirs [4]
• Death Certificate: Required to start the transfer process
  

Insider Tip - If there's a will naming you as the heir, that's helpful, but it doesn't mean you have to go through probate [3].

Benefits of Skipping Probate

• Save Money: Avoid high court costs and legal fees that can reach $2,000-$5,000 even for simple cases [2]
• Faster Process: Claim  ownership within months, not years
• Less Stress: Fewer forms and paperwork to handle during an already difficult time
• Same Result: You still get your inheritance, just faster and with less hassle

Take Action

If you've lost a parent, it's important to understand your rights when it comes to real estate inheritance in Illinois. Talk to a real estate attorney who specializes in inheritance laws (ie Deranian Law Group LLC), to make sure everything is handled smoothly and correctly [5], so you can focus on what matters most during this difficult time.

Citations:
[1] https://estateandprobatelegalgroup.com/how-much-are-probate-fees-in-illinois/
[2] https://www.isba.org/sections/trustsestates/newsletter/2016/03/baker
[3] Chicago Title Insurance Company Rights of Heirs and Legatees and Their Purchasers in Illinois Real Estate by Paul Peterson, Assistant General Counsel of CTIC.
[4] Breakout-Session-4B-Real-Estate-Checklist.pdf
[5] /BIL-the-bond-thats-not.pdf
[6] REAL-ESTATE-INTERESTS-IN-PROBATE-AND-NON-PROBATE-PART-1-_-Cary-A.-Lind-P.C.pdf