Probate is simply the legal process of administering a deceased person’s estate. Many Chicagoans have heard stories about how overwhelming and emotionally exhausting the probate process can be, especially when older homes with potential city code violations are involved.
The truth is that with the right guidance, the probate process for a house in Chicago consists of just four manageable steps. Unfortunately, both the stress and seeming simplicity often leave people vulnerable to predatory schemes, particularly with older Chicago properties that may have ordinance violations or deferred maintenance issues. Let’s break it down clearly.
The Probate Process for a House in Chicago – How to Avoid Getting Scammed
Probate Process for a House in Chicago
Without a properly structured trust, probate typically follows someone’s passing. It’s the court-supervised procedure through which the deceased’s debts are settled and their property (held solely in their name without other legal distribution methods) is transferred to beneficiaries and heirs.
For most Chicago properties, including older homes with potential code issues, the probate process follows these four essential steps.
- The first step involves filing a petition with the probate court to admit the will and appoint an executor or, if there’s no will, to appoint an administrator of the estate. A hearing date is set, and notice of the hearing is published locally.
- After being appointed by the court, the decedent’s personal representative gives notice to all creditors, and an inventory of the estate is made.
- After determining which claims are legitimate, the personal representative pays all expenses, debts, and taxes from the estate. Sometimes, this involves selling estate assets to meet obligations.
- Assets (legal title to a house, for instance) are disbursed according to the decedent’s wishes expressed in the will or, in case there is no will, according to the state’s intestate succession laws.
That’s the complete probate process for a house in Chicago and for the entire estate. While it appears straightforward, complications frequently arise with older Chicago homes that may have city code violations or maintenance issues. Having a truly bilingual team familiar with local ordinances can make all the difference during this vulnerable time.
Common Probate Scams
These are modern versions of traditional scams that have gained new life largely due to the internet and email communications. They consistently target those in vulnerable situations, especially families dealing with older Chicago properties that may have code violations or maintenance challenges.
- Probate Avoidance Scam – The perpetrators of this scam usually target the elderly. It involves persuading victims to buy fraudulent products that purport to help them avoid probate, for example, a very expensive living trust kit. Once the scammers have the money in their hands, they either never deliver or provide a product that is actually legally useless.
- Inheritance/Estate Tax Scam – Some states still levy an inheritance or estate tax. Using a trusted person’s or organization’s name, scammers contact potential executors/personal representatives informing them that they stand to inherit a bunch of money. The only catch is that – because in these states the tax must be paid before probate can go forward – the victims must first send the scammers an inflated tax.
- Fraudulent Listings Scam – This one owes its effectiveness to the popularity of sites like Craigslist for home shoppers, especially renters, and applies particularly to the probate process for a house in Chicago. Scammers research the property of recently deceased individuals and advertise it for rent. Then, when the scammers collect the deposit and first month’s rent, they disappear, leaving the people engaged in probate to deal with the upset victim.
If you’re navigating probate for a house in Chicago, it’s likely not as complex as it first appears. Understanding the process and recognizing common scams are important first steps – but there’s more to consider, particularly with older Chicago homes that may have city code violations that could result in costly fines or delay your sale.