Ho do I open a estate?

UPDATED: Sep 7, 2012

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Ho do I open a estate?

My grandmother passed away 2 years ago, with no Will. She had a house that was paid off that my father now wants to transfer into his name. She also has 2 adopted children and her actual grandchildren but there is no dispute about my father taking full ownership of the house. How does he go about getting this done? I’ve called the county clerk’s office and they vaguely said I need to open the estate but could offer me no more information. What exactly does this entail? Is it mandatory to hire a lawyer?

Asked on September 7, 2012 under Estate Planning, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your grandmother passed away without a Will or trust in place but left behind certain assets such as real property, an intestacy filing (when one has no Will or trust) needs to be done in the probate department of the county and state where your grandmother last lived.

The petition can be filed by any interested member of her family such as you or your father. The purpose is to list your grandmother's assets and make a distribution to her heirs per the probate code of your state as to those heirs most closely related to her.

I suggest that you and your father consult with a Wills and trust attorney to assist. The probate court will issue an order upon a sucessful intestacy proceeding ordering the transfer of legal title of the home in your grandmother's name to her heirs per code. Such order will be recorded on her home.

It is not mandatory to hire an attorney to help in your matter but such is recommended.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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