Regarding probate laws in Illinois. Our father recently passed away without a will. He is sole owner of a house that will be paid off in one year. My brother and I are his closest survivors. No one else has any interest in the house. Will we have to go through probate to have the house deed transferred to us? Thank you
2 Answers from Attorneys
Probate is the preferred method to transfer the property to you. In some situations it may be possible to avoid probate by utilizing a bond in lieu of probate, whereby you acquire a title insurance policy when you transfer the property. I'm happy to discuss with you further if you would like to explore either option.
If you intend to sell the house, and if your father does not have other substantial assets in his name after his death, then you may be able to avoid probate through the use of a title insurance company. Feel free to call me if you'd like to discuss this further. I always provide free consultations.