Legal Question in Real Estate Law in Illinois

It depends on how the property was owned. If they were joint tenants or tenants by the entirety, it will be a matter of a simple form. If they were tenants in common, it will depend on a number of factors. Perhaps probate would be required, but your attorney will help you determine if that is necessary.

If you held title as is most typical, as tenants by the entirety or joint tenants, then you will simply need an affidavit that can be handled as part of the closing representation, together with a copy of the Death Certificate. If title was held otherwise, then it may be more complicated and may also involve others with rights in the estate. The current deed can be reviewed and/or a title search ordered promptly to confirm the circumstances so as to avoid any delay once a buyer is secured. Much of this can probably be handled by any experienced Northern Illinois real estate closing attorney by phone and either fax or e-mail.