Inheriting a home or managing an estate can be emotionally and logistically overwhelming—especially when the probate process is involved. One of the first questions many people ask is: how long does probate take in Illinois? The truth is, it depends.
The timeline can stretch anywhere from six months to more than two years depending on the size of the estate, how organized the paperwork is, and whether or not family members are on the same page. The good news? Understanding the process—and your options—can save you a lot of time and stress.
If you’re dealing with a home caught in probate, Fantastic Homes can help. As trusted cash home buyers in Illinois, we work with families to purchase inherited homes in “as-is” condition—no agent fees, no repairs, and no waiting around. Fill out our online form to get your fair cash offer today.
What Is Probate and Why It Matters for Illinois Homeowners
How long does probate take in Illinois is only part of the equation—you need to understand what probate actually is and why it affects property sales.
Probate is the court-supervised legal process for distributing a person’s assets after they pass away. In Illinois, probate is required if the estate includes real estate or assets totaling more than $100,000, unless those assets were placed in a trust or have joint ownership.
For homeowners, this matters because a house can’t be sold, refinanced, or transferred without completing the probate process (or getting court approval during it). That’s why it’s important to know the legal steps involved—especially if you need to settle the estate quickly.
How Long Does Probate Take in Illinois?
There’s no one-size-fits-all answer, but most estates take between six months and two years. Straightforward cases may wrap up closer to the six-month mark, while complicated situations—like contested wills, missing heirs, or delinquent taxes—can drag out the process significantly longer. Here’s a closer look at the key stages that impact the Illinois probate timeline.
The Mandatory 6-Month Creditor Period
Every estate in Illinois must remain open for at least six months so unknown creditors can come forward with claims. This is legally required, and even if the rest of the process moves quickly, how long probate court takes in Illinois is always affected by this window. Beneficiaries usually can’t receive their full inheritance until this period ends.
What Slows Probate Down the Most
Several issues can drag out the process: family disagreements, disputes over the will, complex or out-of-state assets, and unresolved debts.
Estates with no will—called intestate estates—can also add time, since the court must appoint an administrator and follow state distribution laws. If you’re wondering how long does probate take in Illinois without a will, the answer is often longer than average.
When Probate Can Be Resolved Quickly
If the deceased had a clear, valid will and the heirs are cooperative, probate can move efficiently. Well-organized paperwork and minimal debts help too. In these cases, the process often wraps up closer to the six-month mark.
Selling the property quickly can also accelerate estate closure—especially when working with a buyer like Fantastic Homes, who understands probate. If there are disputes or urgency around the home, we can make you an all-cash offer within 24 hours and help you close in as little as 7 days—so proceeds can be distributed fairly and without added delays. Fill out our online form to get your fair cash offer!
Steps in the Illinois Probate Process
While each case varies, the probate process timeline in Illinois usually follows these core steps.
Filing the Petition and Notifying Heirs
Probate begins when a petition is filed in the county where the deceased lived. Heirs and creditors are notified, and a public notice is published to alert any unknown parties with a claim.
Appointing the Executor and Inventorying Assets
The court appoints an executor (or administrator if there’s no will), who is issued “Letters of Office”—a legal document that gives them the official authority to act on behalf of the estate. These letters allow the executor to access bank accounts, manage property, settle debts, and begin distributing assets. This person is legally responsible for identifying and valuing all estate assets, including the home, personal property, and financial accounts.
Paying Debts and Distributing Property
The executor pays off any valid debts and tax obligations before distributing the remaining assets to the rightful heirs. If the estate includes a home that’s too expensive to maintain, heirs often choose to sell. And when that time comes, selling fast matters—especially during a period when staging, showings, and repairs are the last thing anyone wants to deal with.
Fantastic Homes buys houses in any condition and can get it off your hands for cash in as little as 7 days. We simplify the process, cover all closing costs, and charge no commissions—what we offer is what you get. Get your cash offer today.
Can You Sell a Home During Probate in Illinois?
Yes—but there are a few things you need to know first.
When You Can List It and What to Watch Out For
If probate is opened under independent administration, the executor usually has the authority to sell the home without court approval. Under supervised administration, a judge must approve the sale. Selling before probate closes can be helpful, but timing and legal compliance are key.
Why Selling to a Cash Buyer Can Save Time
Selling to a cash buyer experienced with probate cases means they can help navigate the legal process, avoid delays, and work with your timeline—no repairs, showings, or mortgage approvals needed. At Fantastic Homes, we’ve worked with many Illinois families navigating probate and inherited homes. We buy directly, cover closing costs, and work with your timeline. Start here: Get your cash offer.
FAQs About How Long Probate Takes in Illinois
Does every estate go through probate in Illinois?
No. Estates under $100,000 with no real estate may qualify for a small estate affidavit.
Can probate take more than a year in Illinois?
Yes. Complex assets, family disputes, or court delays can extend the timeline significantly.
What happens if there’s no will?
The court will appoint an administrator, and the estate will be distributed under Illinois’ intestate succession laws.
How long does probate take with a will?
If the will is valid and uncontested, probate in Illinois typically takes around 6 to 12 months. Clear instructions and cooperative heirs can help speed up the process.
Can I sell a house in probate without court approval?
It depends on the type of administration. An experienced probate-savvy buyer can help guide you.
What’s the fastest way to sell a probate property?
Selling to a local buyer who understands probate—like Fantastic Homes—can eliminate delays and uncertainty.
Need to Sell a House During Probate? Get a Free Cash Offer Today
Selling a probate home doesn’t have to be stressful. Our team at Fantastic Homes is here to help. We offer fair, all-cash offers for inherited properties in Illinois—no repairs, no hidden fees, no waiting. Get started today with a fast, no-obligation quote.
Here’s how it works:
- Tell us about the property by filling out our quick online form.
- Receive your cash offer within 24 hours.
- Choose your closing date—and we’ll handle the rest.
Related: Does a Will Avoid Probate? 5 Things You Need to Know
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