Opening and administering an estate
In Cook County, estates are handled by the Probate Division of the Circuit Court. Administration generally involves appointing a representative, notifying heirs and creditors, inventorying assets, paying valid claims and distributing what remains. Many estates qualify for independent administration, which reduces court involvement.
Selling real estate from an estate
Estate property is one of the most common reasons a probate case is opened. The representative's authority, the title company's requirements and the heirs' agreement all need to line up before a sale can close.
Smaller estates and trusts
Some estates qualify for a small estate affidavit instead of a court case. Property held in a trust is administered by the trustee outside of probate. Which path applies depends on how assets were titled.
Questions clients ask
Can we sell a parent's house while the estate is open?
Usually, yes, once the representative has letters of office from the court and the title company's requirements are met.