Illinois Affidavit Of Heirship - Descent
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FAQ
The next of kin is determined by the Illinois Probate Act, and under that statute, the next of kin depends on who survives the death: If there is a spouse and/or child surviving, then the spouse and/or children are the next of kin.
When a person who owns real property dies intestate, and there is no survivor mentioned in the deed, the heirs of the decedent, must file an affidavit of descent to establish their chain of title to the property. This affidavit, is known as an affidavit of descent.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.
Merriam-Webster defines heir as "one who inherits or is entitled to inherit property" and legatee as "someone who receives money or property from a person who has died."
If a person dies without a will, the person died intestate. The person who died is called the decedent. The decedent's property is given to the decedent's heirs during a probate court case.If the person had no spouse or children, then their property goes to their next closest surviving relatives.
Any one person, organization (such as a religious group or a charity), or trust named in a will can be thought of as a legatee for the purposes of probate.
Meaning differences. Merriam-Webster defines heir as "one who inherits or is entitled to inherit property" and legatee as "someone who receives money or property from a person who has died."
A person who receives Personal Property through a will. The term legatee is often used to denote those who inherit under a will without any distinction between real property and personal property, but technically, a devisee inherits real property under a will.
An affidavit of heirship is needed to transfer a deceased person's interest in real or personal property to his or her heirs when the decedent dies without leaving a last will and testament or without disposing of all of his or her property in a will.