If my father passed away without a Will and he owned 20 acres, does it have to go through probate since it is worth less than 100,000?
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If my father passed away without a Will and he owned 20 acres, does it have to go through probate since it is worth less than 100,000?
Asked on May 28, 2012 under Estate Planning, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. I think what you are asking is if you can make use of the Illinois Small Estate Affidavit in porbateing your Father's estate. I believe that the answer here is no beucase he owned real property. You can not use the small estate affidavit if a person owns a house or land. You must go through probate. SInce he died without a Will the estate will pass via the intestacy statutes. Good luck.
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