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However, an affidavit of heirship is a legal document that can transfer ownership of real property from a decedent to heirs without the property going through probate. Probate costs money, so these documents can be a less costly way for heirs to transfer real property.
What is an Affidavit of Heirship in Illinois? An affidavit of heirship is a written statement establishing the right of inheritance.
The Affidavit of Heirship is used to establish ownership of personal and real property that is not identified in a Will. The Affidavit sets out all of the potential heirs of the deceased person and may need to be recorded in the official land records, if there is real property involved.
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.
All beneficiaries must agree to the terms of the sale, and the purchase must be made at fair market value.
Small Estate Affidavit Basics In Illinois, the affidavit is not filed with the court but can be presented to a person, bank, brokerage or other holder of an asset from the estate. If the affidavit is properly completed and the estate is eligible, the asset holder must then turn over the assets.
How to fill out a small estate affidavit in Illinois Fill in your name and information in #1. Complete the information about the decedent in #2-4. Mark either #7a or #7b depending on what is true. ... Complete #9a to indicate the names of the spouse and children if any.