Illinois Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate
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How to fill out Affidavit By An Attorney-in-Fact In The Capacity Of An Executor Of An Estate?
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FAQ
Testamentary capacity is the mental ability of a person to make or alter a will. To execute a valid will in Illinois, testators must be at least 18 years old and of sound mind and memory.
For #10.3, fill in your relationship to the decedent. For #11, fill in how the property will be distributed after all of the debts and expenses you have itemized in the Classes section of the form under #7 are paid. Sign the form in the presence of a notary. Attach a copy of the death certificate to the form.
The list of heirship is as follows: If the decedent has a surviving spouse and surviving children, then the spouse gets half of the estate and the surviving children take the other half of the estate.
What is an Affidavit of Heirship in Illinois? An affidavit of heirship is a written statement establishing the right of inheritance.
In Illinois, if the deceased left a valid will, then its executor must provide a full accounting of the estate, including how the assets are distributed. The executor must also be able to produce complete estate accounting to any legitimate interested party or person.
(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 ...
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.
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.