Will My Parents' House Go Through Probate?

 Posted on February 14, 2025 in Estate Planning / Probate

When a loved one passes away, that person’s assets must be distributed according to their will or, if they did not have one, according to Illinois law. One of the biggest concerns for families is what happens to a parent’s home after a death. Will it automatically go to the children, or will it need to go through probate? Understanding how probate works and how different estate planning tools can affect the process can help you determine what to expect, and our Illinois probate and estate planning attorney is here to help.

What Is Probate?

Probate is the legal process of settling a person’s estate after they die. It involves proving that a will is valid, identifying and valuing assets, paying debts and taxes, and distributing what remains to heirs or beneficiaries. If someone dies without a will, Illinois law determines who inherits their property.

How Does the Probate Process Work? 

If your parents owned their home in one parent’s name alone, it will likely need to go through probate before it can be transferred to the heirs if that parent dies. If your parents' house must go through probate, an executor — either named in the will or appointed by the court — will be responsible for managing the estate.

This includes filing paperwork, notifying creditors, paying debts, and distributing assets according to the will or Illinois law. If you are dealing with a parent’s estate and are unsure whether their home must go through probate, consulting with an experienced probate attorney is the next step to take.

If There Is a Will, Do You Still Have to Go Through Probate? 

Having a will does not necessarily mean assets can avoid probate, but it does make the process more straightforward. A will says who should inherit assets, including the family home. If your parents had a valid will, the probate court will follow their wishes when distributing the house and other assets. However, the court will still oversee the process, ensuring that debts and taxes are paid first before transferring ownership to the heirs.

How Can You Avoid Probate With Estate Planning?

There are ways to transfer ownership of a house without going through probate. One common method is a living trust. A trust allows the owner to place the home and other assets into the trust while they are alive. When they pass away, the property is transferred directly to the named beneficiaries without probate. This saves time and often reduces costs.

Another option is a transfer-on-death instrument, which allows a homeowner to name a beneficiary who will automatically inherit the property upon their death. This document must be properly prepared and recorded with the county.

Contact a Kane County, IL Probate Attorney

If you need guidance on probate and estate planning, the DuPage County, IL estate planning lawyer at DLAW, PC can help. Whether you are settling a loved one’s estate or looking for ways to protect your assets from probate, our team can provide the support and advice you need. Call 331-222-7978 today for a free consultation.