Dealing with a loved one’s passing is never easy, and figuring out what to do with their house can feel overwhelming. If you’ve inherited a Chicago property that’s going through probate, you’re probably wondering: “Can I sell this house now, or do I have to wait?”
The good news? Yes, you can sell a house during probate in Chicago. It just requires some extra steps and court approval. As a family-owned business that buys houses in Chicago, we help people in your situation every month. Here’s everything you need to know in plain English.
What Exactly is Probate?
Think of probate as the legal way to sort out someone’s belongings after they pass away. The court makes sure debts get paid and remaining assets go to the right family members. If your loved one owned a house in Chicago, that property becomes part of this process.
Why might you want to sell during probate?
- Pay off any debts the estate owes
- Split the money among family members more easily than splitting a house
- Avoid paying ongoing property taxes and maintenance costs
- Skip the headache of managing a rental property
- Get cash quickly instead of waiting months or years
The 6 Steps to Sell a House During Probate (Made Simple)
Step 1: Get the House Appraised
You’ll need to find out what the house is actually worth. Hire a professional appraiser (think of them as a house value expert) to give you an official number. The court requires this before you can sell.
Where to find an appraiser: Ask any local real estate agent for recommendations, or search online for certified appraisers in Chicago.
Step 2: Ask the Court for Permission
The person in charge of the estate (called the executor) needs to ask the Cook County court for permission to sell. This isn’t as scary as it sounds – it’s basically filling out paperwork that says “We want to sell this house for $X amount.”
You’ll need to include:
- The appraisal report
- Details about how you plan to sell it
- The reason you want to sell
The court is located at 50 W Washington Street in downtown Chicago if you need to visit in person.
Step 3: Put the House on the Market
Now you can start looking for buyers, but there’s a catch – you have to tell everyone that the sale needs court approval first. This means the deal isn’t final until a judge says “yes.”
We specialize in buying probate houses in Chicago because we understand this process and can work with these special requirements.
Step 4: Get Court Approval for Your Buyer
Once you have a buyer, you’ll need to go back to court for final approval. The court will schedule a hearing (usually within 20-40 days). Before the hearing, collect a 10% deposit from your buyer.
Don’t worry – this is all normal procedure, and the court wants to help you sell the property.
Step 5: Tell the Public About the Sale
Illinois law requires you to publish a notice in local Chicago newspapers. This lets other people know about the sale in case they want to make a competing offer. It might seem strange, but it’s just part of the process to make everything fair and transparent.
Step 6: Attend the Court Hearing
The final step is showing up to court on the scheduled day. The judge will either approve your sale or allow other people to make higher offers. If someone else bids higher, they need to offer at least 5% more plus $500.
Once the judge approves everything:
- You’ll give the court a cashier’s check
- Sign all the final paperwork
- Set a closing date
- Hand over the keys to the new owner
Why Selling for Cash Makes Probate Easier
Traditional house sales can take months and might fall through if the buyer can’t get a loan. When you’re dealing with probate, you want certainty and speed. That’s why many families choose cash buyers for probate properties.
Benefits of selling to cash buyers:
- Close in 1-2 weeks once the court approves
- No risk of financing falling through at the last minute
- Buy the house as-is – no need to fix anything
- Handle all the probate paperwork complications for you
- Guarantee the sale will actually happen
Common Worries About Probate Sales (And Why They’re Okay)
“What if my siblings disagree about selling?” The court process actually helps here. Once the court approves the sale, everyone has to follow the legal decision.
“What if the house needs a lot of repairs?” Cash buyers (like us) will buy houses in any condition. You don’t need to fix a single thing.
“What if we owe taxes on the sale?” Talk to a tax professional, but often inherited property gets favorable tax treatment that reduces what you owe.
“What if the process takes forever?” With the right buyer who understands probate, you can close quickly once you get court approval.
Real Talk: This Process Doesn’t Have to Be Stressful
We get it – you’re already dealing with the loss of a loved one, and now there’s all this legal stuff to figure out. The good news is that thousands of Chicago families go through this process every year, and it works out fine.
You don’t have to become a probate expert or handle everything yourself. Many families work with professionals who deal with probate sales regularly and can guide you through each step.
Questions You Might Have
How long does probate take in Chicago? Usually 6-12 months for the whole process, but you can often sell the house before probate is completely finished.
Do I have to pay the deceased person’s bills? The estate pays the bills, not you personally. Selling the house often provides money to pay off any debts.
Can I sell the house if there are multiple heirs? Yes, but you’ll all need to agree (or the court will decide). The money from the sale gets split according to the will or state law.
What if there’s still a mortgage on the house? This is common and totally manageable. The sale proceeds pay off the mortgage first, then the remaining money goes to the heirs.
Ready to Move Forward?
If you’re dealing with a probate property in Chicago and want to sell it quickly and fairly, we can help. We’ve helped hundreds of Chicago families through this exact situation.
Braddock Investment Group Inc specializes in probate house purchases throughout Chicago and Cook County. We understand the legal requirements, work with your timeline, and make fair cash offers that help families move forward during difficult times.
Call us at (312) 564-4058 for a free, no-pressure conversation about your options. We’ll explain exactly how the process works for your specific situation and give you a fair cash offer if selling makes sense for your family.
You don’t have to figure this out alone – let us help you through the process so you can focus on what matters most during this difficult time.