08/02/2026
What happens to real estate when a relative dies unexpectedly in Montgomery County or Macoupin County, Illinois?
Before estate property can be sold, it is important to determine who has legal authority:
• Executor: Named in the will and appointed by the probate court.
• Administrator: Appointed by the court, usually when there is no valid will or no executor able to serve.
• Independent Executor: An executor authorized to administer the estate with less ongoing court supervision.
• Independent Administrator: A court-appointed administrator given similar independent authority.
The word “independent” matters. Under the Illinois Probate Act, an independent representative generally has authority to sell estate real estate without obtaining a separate court order, subject to the will and other legal limitations.
Being an heir, being named in a will, or having previously held power of attorney does not automatically give someone authority to sign a deed. Spears Title will review the recorded ownership, will, Letters of Office, court orders, and probate documents to determine what is required for closing.
For estate real estate in Montgomery County, Macoupin County, Hillsboro, Litchfield, Carlinville, Gillespie, Staunton, Virden, or surrounding Illinois communities, contact a local attorney to go over whatever option is best for you. If you are unsure of ownership feel free to contact Spears Title Company.
Early title work can identify probate, ownership, lien, legal-description, and deed issues before they delay the sale.
General information only. This is not legal advice.