Add Branding To Legal Illinois Heirship Affidavits Forms For Free

Class 1: Spouses and Descendants If the decedent dies leaving descendants, but no spouse, the entire estate goes to the descendants per stirpes. If the decedent dies leaving both a spouse and descendants, the estate goes 1/2 to the spouse and 1/2 to the descendants per stirpes.

Heirs are individuals who stand to inherit from a decedent ing to the Illinois laws of intestate succession, which set down how a decedent's assets must be distributed if they are not included in a valid will.

(b) The ascertainment of heirship may be made from (1) an affidavit of any person stating the facts from which the heirship of the decedent can be ascertained, which affidavit shall be signed and sworn to or affirmed before any notary public or judge of any court of record in the United States or any of its possessions ...

Generally, the spouse has the first right; after the spouse, the descendants are next to inherit property, with most states following each child's line until there is a survivor. When the decedent leaves no children, the next people to take possession of the property are generally the decedent's parents.

If you have living descendants, your spouse will get half of the inheritance, and your descendants will get the other half of the inheritance. However, grandchildren will only receive a share if their parents are not alive to receive their share.

Step 1 ? Collect Information. Make a list of the decedent's unpaid debts, including bills, and assets. Step 2 ? Prepare Affidavit. You can find this online or in-person at your local county clerk's office. ... Step 3 ? Swear in Front of a Notary. ... Step 4 ? Collect the Assets.

Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.

Another option is to get the form from the Illinois Secretary of State online or in person at your local circuit county clerk's office. After you complete the form, make a copy of your affidavit. The state laws require notarizing the document, so you should not sign it until you can do so before a notary public.

If there are unpaid debts of the deceased (including funeral costs), you have listed them on the affidavit and promise to pay them. To file the affidavit, you must be either the executor of the decedent's will if there is one, or someone who would inherit through Illinois state intestacy laws if there is no will.