Legal Question in Wills and Trusts in Illinois

I'd recommend speaking with an attorney right away to figure out what needs to be done with the estate. You mention the neighbor had a Will, is your husband the executor? He will have certain duties that need to be performed. For instance, an original will needs to be filed in Illinois at the court clerk's office within 30 days of passing.

Your husband may be able to avoid the more onerous parts of probate with a bit of help from an attorney.

A consultation with an attorney experienced in probate is highly advised. The non-probate assets (such as the CD in which a beneficiary is named) should be paid out direct and should not in most cases be subject to any delay or claims. If the other assets fall below $100,000.00, then its possible that a Small Estate Affidavit could be used in lieu of probate and a title company may insure the sale of the house outside probate, but whether that is the direction to go will depend on other factors including a better discussion about the nearest relatives that can be ascertained. It may be advised to go through probate to best protect your husband's interests. Probate provides finality against creditors and other claimants. If you go the probate route, the house does not have to be held throughout the process, but the proceeds may have to be retained after allowing for expenses of probate, closing and maintaining the property. If you meet with an attorney, do your best to list all your questions, but it probably will be the attorney who can best guide the discussion.