If a tenant died 4 months ago, what happens to his property?

Do I have a claim to have his property sold to pay balance of what he owes? And what is the statute of limitation in order to lay claim of his property?

Asked on January 26, 2013 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You do not have a claim to the property for any unpaid rent of the deceased. Rather you need to place a claim with his estate for any unpaid rent owed you assuming there is a probate or an intestacy proceeding. If there is a trust, you make the claim to the trustee.

I suggest that you mail an invoice to the deceased tenant's known relatives with a request that you be adivised of any probate, intestacy or trust proceedings so you can submit a claim to be paid. The time period to make a creditor's claim to an estate is 6 months after letters testamentary are issued.

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