Legal Question in Wills and Trusts in Illinois

Not automatically, but the local probate court would resolve the matter after all

the facts are established regarding your marriage, liens on the residence, other

claims, etc. Advice: transfer the deed from his individual name to joint tenancy

with full right of survivorship, to avoid probate.

Depending on the situation, you might also consider taking title as tenants by the entirety. In any event, PLEASE do not use a form you found on the internet and attempt to do this on your own. There are more ways to screw up a deed than I have time to list. Most real estate attorneys will assist you with this for a reasonable fee. Trust me, it is worth the price, considering if it is done incorrectly, you may be in a worse position than you are now.

There's nothing "automatic" about a transfer of real estate, either from a decedent's estate or from a living person. Court action may be needed, a probate court for a decedent or a divorce court for a living person. You may have certain "homestead" rights in the property right now, but to acquire some certainty, it's probably a better idea if your husband deeded the property to himself and you in some form of joint tenancy, seeking the assistance of a licensed attorney to do so.