Inherited a Kane County House With Liens, or No Probate Opened Yet?

Often yes, but usually not right away. If the house was in your loved one's name alone and no probate has been opened in Kane County, someone usually has to be appointed by the court first. Liens, judgments and back taxes are then typically paid from the sale at closing.

Last reviewed: October 2026, by Brad Esposito

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Who's writing this guide?

I'm Brad Esposito with Family Property Buyers in St. Charles. Families often call me after a house has sat empty for months. Nobody opened probate, bills piled up, and now there are liens or back taxes.

That happens more than you'd think. Here's how it usually gets sorted out, in plain terms. Your attorney fills in the details for your family.

Which question brought you here?

What happens when no probate is opened?

The house doesn't move to the family by itself. If it was in your loved one's name alone, with no joint owner and no transfer on death instrument, it usually stays in their name until a court acts.

Before a sale can close, the title company usually wants proof that someone has court authority to sign. Those papers are often called letters of office. A probate attorney handles that.

How does probate get started in Kane County?

Probate is usually opened in the county where your loved one lived. Kane County probate cases are heard at the Kane County Courthouse, 100 S. Third St., Geneva.

The Kane County Circuit Clerk keeps the court records, at 540 S. Randall Rd., St. Charles (630-232-3413). Probate forms differ by county, so ask the Clerk or your attorney which ones to use.

Can a small estate affidavit be used for the house?

Usually not for a house. The Illinois small estate affidavit has limits on what it can transfer. Illinois Legal Aid Online explains them.

If the estate includes a house, ask a probate attorney which path fits.

What debts can be attached to an estate house?

  • A mortgage or home equity loan. It's still owed after a death. It's usually paid from the sale at closing.
  • Judgment liens. If a creditor won a court case, the judgment may be recorded against the property.
  • Back property taxes. The Kane County Treasurer has the balance. Unpaid taxes can be sold at the yearly tax sale.
  • Medicaid estate recovery. If your loved one got certain Medicaid help, the state may file a claim against the estate. The Illinois Department of Healthcare and Family Services runs that program.
  • Unpaid city bills. Some towns want water bills and fines paid before they sign off on a sale.

Who pays the liens when the house is sold?

Usually the sale does. The title company searches the property, lists what's owed and pays it from the sale at closing. What's left goes to the estate.

If the debts add up to more than the house is worth, talk to your attorney before anyone signs anything.

Who should you call first?

When can Family Property Buyers buy the house?

Once the right person has legal authority to sell, we can buy the house as-is. We can talk about the house while the case gets going. Nothing closes until the court papers are in place.

We buy as-is: no showings, no repairs needed. No agent commissions when you sell directly to us.

We can often cover closing costs. Your written offer shows your number before you sign.

How do you check out any cash buyer before you sign?

  • Get the offer in writing. It should show the price and who pays which costs.
  • Read the whole contract. Ask about any line you don’t understand before you sign.
  • Have your own attorney. An Illinois real estate attorney can review the contract for you.
  • Check that the business is registered. You can look it up on the Illinois Secretary of State business search.
  • Don’t pay upfront fees. You shouldn’t have to pay anyone just to sell your house.
  • Ask about your right to cancel. Illinois law gives owners behind on a mortgage or taxes extra protections in some sales. An attorney can tell you what applies to you.

This is general information, not legal advice. Talk to an Illinois attorney about your situation.

What happens if you reach out to us?

  1. Tell me about the house. Use the form, call or text (331) 422-3828, or email [email protected].
  2. We look at the house together, in person or by phone.
  3. You get a written cash offer within 24 hours of our first visit or meeting. Show it to your attorney or family before you decide.
  4. If you say yes, we close on your timeline, often in a few weeks.

Which Kane County offices can help?

What do families ask me about liens and probate?

Can I sell an inherited house in Kane County if no probate has been opened?

Usually not yet. If the house was in your loved one's name alone, someone typically has to be appointed by the court first. A probate attorney can tell you what your family needs.

Can I use a small estate affidavit to sell the house?

Usually not for a house. The affidavit has limits on what it can transfer. Illinois Legal Aid Online explains them, and a probate attorney can tell you the right path.

Can I sell an inherited house that has liens on it?

Usually yes. The title company finds what's owed, and liens are typically paid from the sale at closing. Your attorney confirms what has to be cleared first.

What if the inherited house is behind on property taxes?

Get the balance from the Kane County Treasurer. Past-due taxes are typically paid from the sale at closing. If the taxes were already sold, the County Clerk can tell you what it takes to redeem them.

What if my parent was on Medicaid?

The state may file a claim against the estate for certain Medicaid costs. Ask your attorney how that applies to your family.

Who should I call first?

An Illinois probate attorney. The Kane County Circuit Clerk has the court records, and the Kane County Treasurer has the property tax balance.

Do we have to clean out the house before selling?

No. We buy as-is: no showings, no repairs needed. Take what matters to your family and leave the rest.

Who would you be working with?

Family Property Buyers is based in St. Charles. If you want the step-by-step version first, read how it works.

Call or text (331) 422-3828 · [email protected] · 200 W River Dr, St. Charles, IL 60174

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Want to talk through your family's situation?

Tell me about the house and I'll take it from there. Call or text (331) 422-3828, or email [email protected].

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