Bolingbrook, IL asked in Real Estate Law and Probate for Illinois

Q: Was joint tenancy owner of home (in Illinois) with my mother who died 4 years ago. How do I clear deed for future?

What do I need to file (mothers death certificate?) in order to clear the house for future sale or for adding another family member to the deed? I have kept the taxes paid and up to date and currently residing in the house.

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1 Lawyer Answer
Stephen Sotelo
Stephen Sotelo
  • Probate Lawyer
  • Naperville, IL
  • Licensed in Illinois

A: In cases where the most recent deed in the chain of title reflects title held by co-owners "as joint tenants" and one of the co-owners passes away, the next step would be to

(1) complete a Surviving Tenant Affidavit a/k/a Deceased Joint Tenant Affidavit (example form:,

(2) attach a copy of the death certificate with the decedent's social security number redacted (using whiteout, for example), and

(3) record both with the county recorded of deeds office where the Illinois real estate is located.

For the affidavit, you will need to include the full legal description of the property at issue, the PIN or PINS, and the property's commonly known as address.

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