Executor’s lawyer advising we can skip probate in Illinois with Real Estate still in estate

UPDATED: Oct 1, 2022

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Executor’s lawyer advising we can skip probate in Illinois with Real Estate still in estate

Most accounts have direct beneficiaries so assets subject to probate are below 100k. However, the deceased house was only titled in their name alone. Executor’s lawyer is saying we can skip probate and use affidavit. Is this legal? What are the ramifications?

Asked on August 29, 2018 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  I would get a second opinion on that because it is my understanding that if an estate contains real property, Illinois Probate law requires that a formal probate be filed.  If the probate estate was under $100K and there was no real estate then yes, the affidavit would be used. Good luck.

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