If my father passed away without a Will and he owned 20 acres, does it have to go through probate since it is worth less than 100,000?

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If my father passed away without a Will and he owned 20 acres, does it have to go through probate since it is worth less than 100,000?

Asked on May 28, 2012 under Estate Planning, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I think what you are asking is if you can make use of the Illinois Small Estate Affidavit in porbateing your Father's estate.  I believe that the answer here is no beucase he owned real property.  You can not use the small estate affidavit if a person owns a house or land.  You must go through probate.  SInce he died without a Will the estate will pass via the intestacy statutes.  Good luck.


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