Personal Representative Deed Requirements in Illinois

At a glance

Requirements one by one

Property possession and the two sale tracks

Section 20-1 (§ 20-1) generally puts estate realty in the representative's possession during administration, subject to homestead and an occupied-heir-or- legatee exception. That possession exception does not remove the statutory power to sell.

Under supervised administration, § 20-4 permits a sale by leave of court when necessary for proper administration. Specifically bequeathed realty or property the will directs not to be sold requires the section's listed claims, expenses, tax, or proper-distribution necessity.

An independent representative has a different route. Section 28-8 (§ 28-8) allows public or private sale, cash or credit, without court order when acting reasonably for the estate's best interests and consistently with the will. Specifically bequeathed realty requires the legatee's written consent. A usable will power also permits a no-order sale under § 20-15.

Supervised petition, parties, and sale terms

Section 20-5 (§ 20-5) requires the supervised-sale petition to identify the property, approximate value, decedent's interest, and known liens and other interests, with the proposed contract attached if one exists. People whose liens or interests the order would affect become defendants and receive civil process. A proceeding seeking to divest an Illinois lien has the additional 20-day Attorney General notice in § 20-6(f).

The court chooses public or private sale and cash or reasonable credit terms under § 20-7. It may approve an Internet or other electronic sale. A non-electronic public sale generally requires weekly publication for three successive weeks, with the first publication at least 25 days before sale.

An appraisal under § 20-8 is optional. If the court orders one, one to three disinterested appraisers take an oath, inspect, and report in writing, and the aggregate sale price cannot be below two-thirds of the appraised value.

Report, confirmation, deed, and bond

Section 20-9 (§ 20-9) requires a verified sale report and permits the court to confirm or reject the sale. The report is unnecessary when the court already authorized the contract attached to the § 20-5 petition. When a report is approved, § 20-10 requires execution and delivery of the deed within 30 days.

The Article XX report and confirmation process does not apply to a no-order will-power or independent sale under § 20-15. Both tracks remain subject to § 12-9's additional-bond mechanism before sale.

Purchaser protection and title effect

Section 20-18 (§ 20-18) vests in the purchaser all the decedent's legal and equitable interest in the sold property. For will-power and independent sales, § 20-15 also says the transaction remains valid despite later setting aside of the will or another later restraint, and transfers claims under the decedent to the consideration received.

Section 28-9 (§ 28-9) adds a strong independent-administration shield. A person dealing with the representative need not investigate authority or proceeds and may assume compliance unless the person actually knows of a limitation. A good- faith purchaser or lender for value takes free of estate-interest holders' rights even if the representative acted improperly.

What trips people up

Independent administration is not merely a lighter confirmation process. It is a separate no-court-order authority route under § 28-8, though the will, the written-consent rule for specifically bequeathed property, and § 12-9's bond mechanism still matter.

The two-thirds floor is conditional. Section 20-8 creates it only if the court appoints appraisers and an appraisal is made. It is not a universal minimum for every Illinois estate sale.

Common questions

Is a sale report always required in a supervised sale?

No. Section 20-9 excuses the report when the sale was made under a contract the court authorized upon the § 20-5 petition.

May the court authorize an online public sale?

Yes. Section 20-7 expressly allows an Internet or other court-approved electronic sale and requires notice through that medium in addition to other notice required by the subsection.

Does an independent buyer have to inspect the will or court file?

Not ordinarily. Section 28-9 supplies a no-inquiry rule unless the buyer has actual knowledge of the limitation.

Statutes and sources

• 755 ILCS 5/20-1 and 20-4 to 20-18 — property control, supervised petition, notice, sale terms, appraisal, report, confirmation, deed, will-power sales, and title effect. Official Illinois General Assembly text, accessed 2026-08-12: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K20-4.htm
• 755 ILCS 5/28-8 to 28-9 — independent sale authority and purchaser protection. Official Illinois General Assembly text, accessed 2026-08-12: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K28-8.htm
• 755 ILCS 5/12-9 — additional bond before a supervised, will-power, or independent real-estate sale. Official Illinois General Assembly text, accessed 2026-08-12: https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K12-9.htm