Illinois Non-Probate Real Estate Packages

At Hampton & Hampton LLP, we understand that many Illinois families want to transfer or sell a loved one’s home without the time, expense, and stress of probate court.

Our attorneys help families across Illinois transfer or sell a loved one’s home without the delay and expense of probate court. We provide tailored non-probate real estate packages that streamline the closing process, protect heirs, and allow families to move forward with confidence.

If you need an Illinois real estate attorney to work with a title company to guide you through the process of selling your property after a loved one’s passing, our firm delivers the legal support and title company coordination necessary for a smooth transaction.

Our Non-Probate Real Estate Packages are designed to help heirs and families navigate property sales through a title company—ensuring compliance with Illinois law while protecting your family’s interests.

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Selling Real Estate Without Probate in Illinois

In Illinois, when a property owner passes away, selling the home usually requires probate. However, under certain circumstances, real estate can be sold outside of probate if the title company accepts affidavits and heirship documents and if all legal heirs agree to the transfer.

Our attorneys guide families through this process, including:

This process allows heirs to sell the property directly through a title company, saving time and avoiding unnecessary court involvement.

Services We Provide

Hampton & Hampton LLP offers a comprehensive range of real estate legal services designed to simplify the transfer or sale of estate property without probate:

Non-Probate Real Estate Package – Full legal support for selling or transferring a home after a loved one’s death without opening probate.
Affidavits of Heirship – Preparation of sworn heirship documents accepted by Illinois title companies.
Heir Coordination & Deed Preparation – Drafting deeds and ensuring all heirs properly sign off to clear title.
Title Company Coordination – Working directly with the title company to satisfy underwriting requirements for closing.
Flat-Fee Closing Services – Predictable pricing for non-probate closings, tailored to each family’s needs.

How the Process Works

Below is a simplified overview of how Illinois families may complete a real estate sale without probate, using our non-probate estate package:

Step	Description	Who Is Involved
1. Determine Heirs	Identify all heirs under Illinois intestacy laws (spouse, children, parents, siblings, etc.).	Family & Attorney
2. Affidavit of Heirship	Prepare and sign an affidavit listing all heirs and confirming the decedent’s ownership of the property.	Attorney & Heirs
3. Title Company Review	Submit the affidavit and death certificate to the title company for review.	Attorney & Title Company
4. Deed Preparation	Attorney prepares a deed transferring the property from all heirs to the buyer (or to one heir if they are keeping the property).	Attorney
5. Heirs Sign Off	All heirs sign the deed to confirm consent to the sale.	All Heirs
6. Closing	Title company conducts the closing, pays out sale proceeds, and records the deed.	Title Company, Buyer, Heirs

Why Families Choose Hampton & Hampton LLP

Avoid Probate Delays: Probate in Illinois can take months or years—our package helps you avoid that.
Local Illinois Experience: Our attorneys understand Cook County’s unique recording requirements as well as those in surrounding counties.
Streamlined Process: We coordinate directly with the title company to simplify the sale.
Protection for All Heirs: We ensure every heir’s rights are respected and the sale is legally enforceable.
Flat-Fee Packages: Our non-probate estate real estate closings are offered at predictable pricing so families can plan with confidence.

Counties We Serve

Hampton & Hampton LLP proudly provides Illinois real estate and estate transfer services across:

Cook County – including Chicago and surrounding suburbs
DuPage County – Naperville, Wheaton, Downers Grove, and surrounding areas
Lake County – Waukegan, Libertyville, Gurnee, and surrounding areas
Will County – Joliet, Bolingbrook, Plainfield, and surrounding areas
Kane County – Aurora, Elgin, Batavia, and surrounding communities

Our firm works closely with local title companies in these counties to ensure every closing complies with county-specific requirements and is completed efficiently.

Schedule a Consultation

If your family needs to sell a home in Illinois after a loved one’s passing without going through probate, Hampton & Hampton LLP can help. Contact us today to learn more about our Non-Probate Real Estate Packages and how we can guide you through a smooth closing process.

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