What To Do When a Loved One Dies: Protecting Property Before Probate Begins

Illinois Probate Law

Mario A. Godoy

Protecting Property Before Probate Begins

When a loved one dies, emotions run high – and unfortunately, so can tensions among family members. In the early days after a death, before an estate goes through probate, valuable items can be vulnerable to being taken, hidden, or sold without proper legal authority.

At Estate and Probate Legal Group in Oak Brook, Illinois, we help clients navigate these sensitive situations. If you are an heir or executor concerned about protecting property before probate begins, here are immediate steps you can take to secure the estate and prevent costly disputes.

7 Things To Do When A Loved Ones Dies: Protecting Property Before Probate Begins

1. Do Not Remove Property – Secure It Instead

It might be tempting to take sentimental or valuable items for “safekeeping,” but doing so can complicate the probate process. Unless you are the named executor and have legal authority, removing items from the home – no matter the intention – can lead to accusations of theft or cause major family conflicts.

2. Take a Video or Photo Inventory Immediately

If you anticipate disputes or disagreements, it’s smart to document the condition and contents of the home as soon as possible after the person’s death. A comprehensive video walkthrough of the property and close-up photos of valuables (artwork, jewelry, electronics, etc.) can help:

Prevent false claims
Serve as evidence in probate court
Protect against theft or unauthorized removal

Date-stamp the recording and store a backup copy securely.

3. Change the Locks if Necessary

If people outside the executor or immediate family have keys to the home, and you suspect there may be access without permission, the named executor should consider changing the locks to prevent unauthorized entry. This is especially important in situations where there are strained family relationships or financial pressures.

4. Secure Important Documents

Locate and protect important estate documents, including:

The original Will or Trust
Life insurance policies
Deeds and titles
Financial records
Safe deposit box keys

These documents are crucial to settling the estate correctly and efficiently.

5. Contact a Probate Attorney Immediately

If there are concerns about heirs acting inappropriately or disagreements about property, contact an experienced Illinois probate attorney as soon as possible. We can help you:

File the will with the court
Start the probate process
Get legal authority to control and secure assets
Take action if property is being taken or misused

6. Notify Other Heirs of Your Intentions

Transparency helps prevent accusations and confusion. If you’re the one taking inventory or securing the home, send a group message or email to other close family members and heirs explaining that you are documenting the estate and safeguarding property until probate can proceed.

7. Understand Illinois Probate Law

In Illinois, an estate generally cannot be distributed or accessed until probate is opened and an executor is appointed by the court. Taking or disposing of property before that process is legally risky and can lead to lawsuits or even criminal charges.

❓FAQs: Protecting an Estate After a Loved One Dies

📌 Who has the legal right to enter the deceased’s home after death?
Only the person named as executor in the will – or someone appointed by the probate court – has the legal authority to manage and access the deceased’s property. Until probate is opened, no one should remove or distribute property without legal guidance.

📌 Is it illegal to take personal property from a deceased person’s home?
Yes, it can be. Even if you are a family member or named beneficiary, taking items before probate begins can be considered theft or estate misappropriation.

📌 What if the will is missing or I can’t find it?
If the original will cannot be found, the estate may be treated as intestate (without a will) under Illinois law. A probate attorney can help you search for a copy, contact the decedent’s attorney, or petition the court for guidance.

📌 How do I protect against family members taking things before probate?
Take a video and photo inventory of the home, notify other family members that the estate is being secured, and contact a probate lawyer to start the legal process as soon as possible. If necessary, the court can issue emergency orders.

📌 Can I sell or give away anything before probate starts?
No. You must wait until the court officially appoints an executor or personal representative. Premature sales or gifts can lead to serious legal consequences.

📌 What if valuable items are already missing?
Speak with a probate attorney right away. The court can require individuals to return estate property or provide a full accounting. Legal action may be necessary to recover missing assets.

📌 Should I call the police if someone takes items without permission?
In some cases, yes – especially if there is evidence of theft. However, contacting a probate lawyer first can help determine the best legal approach and whether court intervention is more appropriate than involving law enforcement.

Need Help With A Probate or Inheritance Issue in Illinois?

If you expect inheritance disputes or difficult family dynamics, it’s best to prepare and take action early. At Estate and Probate Legal Group, we understand how emotionally and legally complicated these situations can be. We’re here to help you protect your loved one’s legacy and avoid unnecessary conflict.

Talk to an Oak Brook Probate Lawyer Today

At Estate and Probate Legal Group, we help families throughout DuPage County and the greater Chicago area manage the legal steps after losing a loved one.

📞 Call (630) 864-5835 to schedule a confidential consultation
🌐 Contact us online
📍 Based in Oak Brook, proudly serving clients in Cook, DuPage, Kane, Kendall and Will counties in Illinois

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