Legal Question in Real Estate Law in Illinois

When his estate is probated a judge's deed will be issued with only your name on it. You will (probably) just continue making payments on the mortgage as before. In the meantime, keep making payments.

Some form of probate is always needed - for most of us it is not the big deal it is for those with serious money. Mostly probate is routine and mostly a matter of allowing unknown creditors to come forward. It is a bit like divorce - one estate is being closed and anther open. Don't be afraid of the word "estate" - it just means "your stuff".

My mother went through what you are going through without any extra bumps, or if there are any they are minor. Please realize that you are not in an unusual situation. You really need to see an attorney who does this more frequently than I do. Because this is "routine" the cost will not be horrible.

You should not need to do anything, except continue to make payments.

Assuming you and your spouse held title as joint tenants or tenants by the entirety, no probate is required. If for some odd reason you held as tenants in common, probate would be required, but shouldn't be a big deal. As to the mortgage, again it may depend on the kind of mortgage but assuming it is federally insured through Fannie Mae, for example, yes death of a co-borrower could fall under what's called the "due on sale" clause but enforcement (foreclosure, etc.) is not mandated and most lenders just want to continue to be paid. To verify how you held title with your spouse and what your mortgage actually provides, take the documents to an attorney for review.