When a loved one passes away, navigating the probate process is already overwhelming. But when heirs live out of state—or the deceased owned property in multiple states—the situation can quickly become more complex. If you’re facing probate in Illinois and dealing with out-of-state heirs or property, here’s what you need to know.
It’s increasingly common for family members to be spread across the country. Fortunately, Illinois does not require heirs to be physically present in the state to participate in the probate process. Whether they live in Florida, California, or across the border in Indiana, out-of-state heirs can still receive their inheritance—there are just a few extra steps involved.
At our Oak Brook probate law firm, we work with families across the U.S. and handle most communications remotely by phone, email, and video conferencing, making it easier for you and your loved ones to stay informed without the need to travel to Illinois.
If you’ve been named the executor of the estate and you live outside Illinois, you can still serve—though the court may require you to appoint a local agent for service of process. If that sounds intimidating, don’t worry. We guide executors through every step, no matter where they live.
If there is no will and the court appoints an administrator, that person may also be from out of state, but the same local representation rule applies.
If the deceased owned real estate outside Illinois—like a vacation home in Michigan or a rental property in Arizona—those properties are not covered by Illinois probate courts. Instead, a process called ancillary probate must be started in the state where the property is located.
Here’s how we help:
1. Centralize Communication
Use shared documents and scheduled video calls to keep all parties updated.
2. Choose a Tech-Savvy Attorney
We offer secure document signing, digital updates, and remote consultations for seamless service.
3. Act Quickly to Secure Property
Whether it’s a home in Illinois or another state, securing and managing real estate early can prevent damage, theft, or disputes.
4. Prepare for Tax Implications
Multi-state estates can raise questions about income tax, estate tax, and capital gains. We help identify issues before they become problems.
Client Testimonial
Felt like the weight of the world was removed from my shoulders, it’s the first time I feel like myself since my sister’s untimely passing.
– Barb S.
What Happens If Someone Dies Without a Will in Illinois?
If your loved one passed away without a will, the estate will go through Illinois intestate succession, which determines who inherits based on state law. This can complicate things if there are multiple heirs or blended families.
👉 Learn more about dying without a will in Illinois.
How Long Does Probate Take in Illinois?
The probate process in Illinois can take anywhere from six months to over a year, depending on the complexity of the estate, number of heirs, and whether there are disputes.
👉 Find out what affects the probate timeline here.
Do All Estates Go Through Probate in Illinois?
Not necessarily. Small estates and assets held in a trust or joint ownership may bypass probate altogether. Knowing whether probate is required is the first step.
👉 Here’s how to know if an estate requires probate.
Handling an Illinois estate with out-of-state heirs or property doesn’t have to be stressful. Our Oak Brook-based probate team serves families throughout the greater Chicago area and beyond. Whether you’re an executor in another state or trying to coordinate with siblings across the country, we’ll take care of the details—so you can focus on honoring your loved one’s legacy.
📞 Contact us today to schedule a free consultation and get expert help with probate in Illinois, no matter where you are.
If you need to contest a trust or have questions about the Illinois probate process, contact the Estate & Probate Legal Group at 630-864-5835. We serve clients throughout Cook, DuPage, Kane, Kendall and Will counties and can help you protect your inheritance in probate court.
Download our free eBook: 10 Frequently Asked Questions About Illinois Probate
