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Selling inherited land in Illinois

You can sell inherited land in Illinois once the right person has authority to sign the deed. Whether that takes full probate depends on Illinois's rules, the will, and the size of the estate.

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Illinois's small estate rules

In Illinois, the small estate process generally does not transfer land, so heirs of vacant land usually need probate or another court step first.

The threshold: Small estate affidavit: personal estate (excluding registered vehicles) not over $150,000, no letters outstanding or petition contemplated.

Statute covers personal estate only. Real estate passes by probate. It also passes by a recorded transfer on death instrument if the owner signed one. Such an instrument falls under the Real Property Transfer on Death Instrument Act (755 ILCS 27).

Law: 755 ILCS 5/25-1, 755 ILCS 27. Confirm current figures with the probate court.

Steps to sell inherited land in Illinois

  • Find the will, if there is one, and the deed or tax bill showing the parcel.
  • Ask the probate court or an attorney which path applies: full probate, a small estate process, or another filing.
  • Get written proof of who can sign, such as letters from the court. The title company will ask for it.
  • If several heirs inherited the land, agree on the sale and the split in writing. See selling land owned by several heirs.
  • Ask for a cash offer and compare it with a listing. Taxes and loans are paid from the sale at closing.

Taxes when you sell

Inherited land usually gets a stepped-up basis: its value on the date of death. If you sell close to that value, the taxable gain may be small. Our capital gains guide explains it. Ask a CPA about your numbers.

Illinois land at a glance

  • Average farm real estate value: $9,250 per acre (2026, USDA).
  • Average property tax on farmland: about $21.82 per acre per year (2022 Census of Agriculture).
  • Transfer tax: State tax $0.50 per $500 of value or fraction (0.1%). Counties may add $0.25 per $500. Some municipalities (for example Chicago) add their own.
  • Seller disclosure: Residential Real Property Disclosure Act covers real property improved with 1 to 4 dwelling units, residential co-ops and condos, so vacant land is outside it.

These are statewide averages, not an appraisal. See selling land in Illinois for county values, or try the land value estimator.

How a cash sale handles this

Liberty Acres is a family-owned cash land buyer. We buy land anywhere in the US, in any condition, including land with back taxes, inherited land and land with no road access. We pay back taxes and all closing costs, use no agents and charge no commissions, and close through a title company, escrow company or real estate attorney who pays you by wire or check.

Common questions

Do I need probate to sell inherited land in Illinois?

In Illinois, the small estate process generally does not transfer land, so heirs of vacant land usually need probate or another court step first. Statute covers personal estate only. Real estate passes by probate. It also passes by a recorded transfer on death instrument if the owner signed one. Such an instrument falls under the Real Property Transfer on Death Instrument Act (755 ILCS 27).

Who signs the deed when inherited land in Illinois is sold?

The person with legal authority: usually the personal representative named by the court, or the heirs once title has passed to them. The title company confirms who must sign.

Do I pay tax when I sell inherited land?

Possibly, on gain above the stepped-up basis, which is generally the value on the date of death. See our capital gains guide and ask a CPA.

Related

Sources

State rules last checked 2026-10-13. This is general information, not legal or tax advice. Rules vary by state, so talk to a local attorney or CPA about your situation.