Heirship

An heir is the person who legally stands to inherit assets in the absence of direction from the decedent. Whereas a legatee is someone the decedent has directed shall receive assets. So if a decedent had a will leaving money to a nephew, the nephew is a legatee.

A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.

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.

(A judgment in this case is a court order, in writing, reciting that the deceased person is dead, the date of death and a list of who are the heirs.) Proof. Once the judgment is issued, copies of the judgment can be used to show proof as to who is entitled to estate assets.

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."

In Illinois, Per Stirpes is the default method of dividing up a deceased person's estate if the deceased dies without having a will.The other two surviving children of the father will again each get an equal amount of money, this time just a third of the estate.

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.

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."