When can you skip probate if the estate contains a real estate asset?
Question Details: Most accounts have direct beneficiaries so assets subject to probate are below 100k. However, the deceased house was only titled in their name alone. The executor's lawyer is saying that we can skip probate and use affidavit. Is this legal? What are the ramifications?
I am so sorry for your loss. I would get a second opinion on that because it is my understanding that if an estate contains real property, Illinois Probate law requires that a formal probate be filed. If the probate estate was under $100K and there was no real estate then yes, the affidavit would be used. Good luck.
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