Affidavit of Heirship in Illinois
Whether Illinois lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Yes, as part of a court case. The probate court may ascertain and declare a decedent's heirship and enter it of record, during administration or, if there is no administration, on notice as the court directs. 755 ILCS 5/5-3
| Affidavit / determination of heirship | Yes, as part of a court case. The probate court may ascertain and declare a decedent's heirship and enter it of record, during administration or, if there is no administration, on notice as the court directs. Heirship may be proved by a sworn affidavit of any person stating the facts from which heirship can be determined (signed before a notary or other authorized official), or by written testimony certified by the court. The court's order declaring heirship is then used for title to real estate. Source: 755 ILCS 5/5-3 |
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| Who inherits without a will | Spouse and descendants: one-half to the spouse, one-half to the descendants. Spouse but no descendants: everything to the spouse. Descendants but no spouse: everything to the descendants. No spouse or descendants: to parents, brothers and sisters in equal shares (a surviving parent takes a double share if the other parent has died; a deceased sibling's descendants take that sibling's share), then to grandparents or their descendants (half to each side), then great-grandparents or their descendants, and then more distant relatives. Source: 755 ILCS 5/2-1 |
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FAQ
Does Illinois have an affidavit of heirship?
Yes, as part of a court case. The probate court may ascertain and declare a decedent's heirship and enter it of record, during administration or, if there is no administration, on notice as the court directs. Heirship may be proved by a sworn affidavit of any person stating the facts from which heirship can be determined (signed before a notary or other authorized official), or by written testimony certified by the court. The court's order declaring heirship is then used for title to real estate.
Who inherits if someone dies without a will in Illinois?
Spouse and descendants: one-half to the spouse, one-half to the descendants. Spouse but no descendants: everything to the spouse. Descendants but no spouse: everything to the descendants. No spouse or descendants: to parents, brothers and sisters in equal shares (a surviving parent takes a double share if the other parent has died; a deceased sibling's descendants take that sibling's share), then to grandparents or their descendants (half to each side), then great-grandparents or their descendants, and then more distant relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.