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Yorkville Real Estate Inherited Property Attorney

Naperville IL, Real Estate Death Closings Lawyer

Lawyer in Kendall County for Selling Unprobated Real Estate

The death of a parent or a loved one is a traumatic time, especially when you must worry about a large financial asset. Selling a home after your parent or spouse dies requires an experienced real estate attorney team. Our real estate team handles real estate closings throughout the Chicagoland area. At Gateville Law Firm, our real estate and estate planning attorneys are skilled in unprobated estates that require a seller's real estate lawyer. Our skilled attorneys can assist you to bypass probate court by utilizing the unprobated estates to avoid probate court.

To unprobate real estate after someone's death means to transfer ownership of the real estate out of the deceased person's name and into the hands of the intended heirs or beneficiaries. The "transferring title process" involves cleaning up the estate of the deceased person and determining the sole heirs of the decedent. Heirs and beneficiaries call and either want to sell real estate or do a quit claim deed where the title is transferred into the heir or beneficiary's name(s). Determining the heirs and beneficiaries will depend on whether the person has a testament ("last will") or died without a last will.

In Illinois, the probate court administers a person's estate after they die. An unprobated real estate transaction is a transfer that occurs without the headache and expense of probate court. If a person dies owning real estate in Kendall County or throughout Chicagoland, Illinois, the probate court may not have to be involved. The circumstances will depend on the following factors:

  • Whether the heirs and beneficiaries have an estate dispute
  • Whether the heirs and beneficiaries can agree on the real estate transfer
  • Whether the heirs and beneficiaries are adults and without any disabilities
  • A decision on whether one party can refinance the property into their sole name
  • Determining whether the probate court process is in the best interests of the heirs and beneficiaries

Most title companies are willing to insure real estate transactions involving heirs and beneficiaries of a decedent, without requiring the formal probate court proceeding. The decision will partly be based on whether the heirs and beneficiaries can work together in the spirit of compromise. The real estate transaction process involving an unprobated real estate title process will cut off the rights and responsibilities of the heirs and beneficiaries if they can find a suitable buyer.

A bond in lieu of probate will incur a charge for the decedent's family. The bond in lieu of probate estate is much cheaper and less burdensome than the probate court process in Kendall County and nearby communities. At Gateville Law Firm, our real estate support team and attorneys are uniquely qualified to assist you and your family with unprobated real estate transfers and sales. Our team has over 50 years of title insurance and real estate closing experience. Unlike most real estate attorneys, our team were trained at title companies, and we understand the intricacies of unprobated real estate transactions. Unprobated real estate transactions require extensive training, because title insurance companies will scrutinize these real estate transactions. The wrong real estate attorney can jeopardize unprobated real estate transactions involving a decedent's death.

Whether you are selling or transferring real estate property, the residential real estate process is complex, and it can be confusing and overwhelming, especially after the death of a loved one. Our real estate team can provide guidance and support by preparing and filing the necessary deeds and other documents. In the alternative, we can navigate the probate court when applicable. We also can assist with the sale-by-owner process or work with your real estate agent. We will provide a smooth process and will communicate effectively with you or your loved ones.

Why Do I Need a Lawyer and Why Gateville Law Firm?

We have a knowledgeable support team and experienced real estate assistants and attorneys trained by high-powered title insurance companies. Our business manager, Laurie Vaughn, was the title manager for a top-five title insurance company underwritten by Fidelity Title and First American Title Insurance Company, both titans in the real estate and title insurance industry. Ms. Vaughn was the title manager for over 19 years, where she managed hundreds of thousands of real estate transactions involving unprobated estates, foreclosures, trusts, and other complex real estate title issues.

Our real estate team was trained at title companies, and our real estate team has the best training process in Kendall County and surrounding regions. Attorney Sean Robertson has over 19 years of experience, with significant knowledge in tax, estate, probate, divorce, and asset protection law. Attorney Robertson has unsurpassed skill and experience in a breadth of areas affecting real estate transactions, which combine with his team's strong real estate and title insurance background. Reputable title insurance companies trained our real estate team, where they managed complex and unprobated estates regularly.

Call 630-780-1034 Today for a Real Estate Inherited Property Attorney

If you need assistance with the transfer process or selling real estate without probate court (or through probate court), contact our real estate team at 630-780-1034 for a free initial consultation. Our real estate team assists out-of-state clients and others via the phone, Zoom, and in-person consultations when appropriate. We serve clients in Yorkville, Plano, Plainfield, Joliet, Kendall County, DuPage County, and all the suburbs of Chicago.

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