Illinois Heirship or Descent Affidavit Questionnaire

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State:
Multi-State
Control #:
US-Q1018
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Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

After considering evidence concerning heirship, the Court declares that the following are the only heirs of the. decedent: Relationship. Name.

(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 ...

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.

What is an Affidavit of Heirship in Illinois? An affidavit of heirship is a written statement establishing the right of inheritance. To be valid, it must be signed under oath and witnessed by a third party.

Many clients with whom you consult may be surprised to learn that Illinois law requires that the will of a decedent must be filed with the clerk of the circuit court shortly after the decedent's death (755 ILCS 5/6-1).

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.

A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.

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.

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Illinois Heirship or Descent Affidavit Questionnaire