A statement that the witnesses do not stand to gain financially from the Decedent’s estate.A statement that the Decedent did not owe any debts at the time of his or her death.They are aware of the identity of the Decedent’s family members and heirs.The Decedent died on a certain date in a certain county of Illinois.In the Heirship Affidavit, those witnesses must swear under oath to each of the following issues: Instead of going through the probate process to have title to the property transferred to the Decedent’s heirs, the heirs have the opportunity to file an Illinois Affidavit of Heirship form in the deed records of the county in which the real estate owned by the Decedent exists.Īccording to the provisions of the Probate Code, an Affidavit of Heirship for Illinois must be signed by two witnesses who knew the Decedent and his family history but do not stand to gain anything financially from the estate. Use an Illinois Affidavit of Heirship to Bypass Probate This must be done by either a probate proceeding in county court or by an Affidavit of Heirship for the State of Illinois followed by a deed signed by the heirs of the person who passed away. Second, title companies will not issue title insurance until heirship issues have been addressed and resolved by all the heirs involved. First, an heir cannot sell heirship property. This type of property is referred to as heirship property.
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The purpose of an Heirship Affidavit is to find the identity of the rightful heirs of the person who passed away and determine the amount of their respective share of the property. When someone in Illinois dies without a will, legal issues usually arise as to who has title over the property. An Illinois Affidavit of Heirship is used to establish ownership of a Decedent’s property when the Decedent failed to execute a will or failed to divide all of his or her property through his or her Last Will and Testament.
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