does probate have to be opened if the only asset is a house that is stated in the will that it is to be sold and divided among 5 children?

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does probate have to be opened if the only asset is a house that is stated in the will that it is to be sold and divided among 5 children?

The person died over a year ago and no one has done anything.

Asked on June 29, 2009 under Estate Planning, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an Illinois lawyer, but I'd think probate will be absolutely necessary here.  To sell the house, someone is going to have to be able to sign the deed, and nobody will be able to do that until somebody steps up to be the executor of the will, either the person (or one of the people) named to do that in the will itself, or if none of them will do it, one of the children.

The procedure is different from one state to another.  For the details on what has to be done here, based on the unique facts of this case, please talk to an attorney who practices in the part of Illinois where the house is located.  One place to find a qualified lawyer is our website, http://attorneypages.com


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