What happens to the home when someone dies in Illinois?

A home titled to a trust passes under the trust's terms; one in the decedent's name passes by will or intestacy through probate, or under a recorded transfer on death instrument (755 ILCS 27/20). Illinois places no restriction on devising a home; the estate of homestead — $50,000 of value exempt from creditors — continues for the surviving spouse and minor children (735 ILCS 5/12-901), and the spouse's award gives the spouse 9 months' support (755 ILCS 5/15-1).

Does inheriting a home in Illinois change its property tax?

Illinois assesses property each year on its value, and no statute in the Illinois statute library reassesses a home because it changed hands at a death. A new owner reviews any homestead exemption claimed on the tax bill with the county assessor; the assessor determines the effect.

The Home After a Death in Illinois

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What “homestead” means in Illinois

In Illinois “homestead” means two different things: the estate of homestead — $50,000 of value in the residence (from January 1, 2026), exempt from the collection of a judgment and from the laws of conveyance, descent and legacy, which continues after the owner's death for the surviving spouse and minor children (735 ILCS 5/12-901) — and, for property tax, the homestead exemptions the county assessor applies to an owner-occupied residence. Who inherits the home is decided by the will, the trust, the deed or intestacy.

Who gets the home

In Illinois the home passes like the decedent's other property — under the will or the trust, by a recorded transfer on death instrument (755 ILCS 27/20), or by intestacy (755 ILCS 5/2-1(a)) — and the estate of homestead continues for the surviving spouse and minor children (735 ILCS 5/12-901):

With a will or a trust that disposes of the home, it passes as the instrument says — and a surviving spouse of a decedent who left a will may renounce it within 7 months after its admission, taking one-third of the estate if the testator leaves a descendant, or one-half if none (755 ILCS 5/2-8).
Without one, the home passes by intestacy with the rest of the estate — the spouse's share depends on whether a descendant survives (755 ILCS 5/2-1(a)), and the rest passes to the decedent's descendants per stirpes, then parents and siblings, then others in the order the statute sets (755 ILCS 5/2-1(b)).
A home owned in joint tenancy with a right of survivorship, or by spouses as tenants by the entirety, passes to the survivor outside the will; a recorded transfer on death instrument passes real property to its beneficiary at the owner's death (755 ILCS 27/20).

Can the home be left by will or by trust? Yes

Illinois places no restriction on devising a home: the owner may leave it by will or by trust to anyone. A surviving spouse of a decedent who left a will may renounce it (755 ILCS 5/2-8), and the spouse's award is paid from the estate ahead of creditors (755 ILCS 5/15-1).

Named in a revocable Trust? The family's rights still apply

Holding the home in a revocable Trust changes who holds title, not the family's rights: after the settlor's death the trust's property answers for the settlor's creditors, the estate's expenses and the spouse's and children's awards to the extent the probate estate is inadequate (760 ILCS 3/505), and a trustee who distributes nine months or later after the death, without a personal representative's insufficiency notice, is released from that liability for what was distributed. A Trustee who distributes or sells the home before those questions are settled can cloud the title. In a firm-supervised matter, TrusteeClear routes these questions to the attorney before anything moves.

Creditors and the home after a death

After the owner's death, the home is part of the estate — or the trust — that answers for the decedent's debts: the property of a trust that was revocable at the death answers for the settlor's creditors to the extent the probate estate is inadequate (760 ILCS 3/505), while the estate of homestead is exempt from the collection of a judgment and the spouse's award comes ahead of creditors (735 ILCS 5/12-901, 755 ILCS 5/15-1). Liens and mortgages on the home still apply. Whether particular property is reachable is fact-specific attorney territory.

Property taxes

Illinois assesses property each year on its value, and no statute in the Illinois statute library reassesses a home because it changed hands at a death; the homestead exemptions on the tax bill belong to the owner who occupies the home, so a new owner reviews them with the county assessor. An Illinois attorney can confirm what applies.

What should happen next?

Outcomes turn on facts: who survived, how the deed reads, whether minors are involved, and a spouse's renunciation of a will, filed within 7 months after the will's admission (755 ILCS 5/2-8). This page is general information, not legal advice. A free role check shows you where you stand, and an Illinois attorney can confirm how the home passes in your situation.

General information about Illinois law, not legal advice.

Frequently asked questions

What happens to the home when someone dies in Illinois?: A home titled to a trust passes under the trust's terms; one in the decedent's name passes by will or intestacy through probate, or under a recorded transfer on death instrument (755 ILCS 27/20). Illinois places no restriction on devising a home; the estate of homestead — $50,000 of value exempt from creditors — continues for the surviving spouse and minor children (735 ILCS 5/12-901), and the spouse's award gives the spouse 9 months' support (755 ILCS 5/15-1).
Does inheriting a home in Illinois change its property tax?: Illinois assesses property each year on its value, and no statute in the Illinois statute library reassesses a home because it changed hands at a death. A new owner reviews any homestead exemption claimed on the tax bill with the county assessor; the assessor determines the effect.