Add Tables To Legal Illinois Heirship Affidavits Forms For Free

The heirship of a deceased person is determined through a document called an ?Affidavit of Heirship?. This is a form that gives a detailed explanation of the heirs at law of the deceased person at the time of his/her death.

(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 ...

Illinois has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is $100,000 or less. All an inheritor has to do is prepare a short document, stating that the inheritor is entitled to a certain asset. This document, signed under oath, is called an affidavit.

This process can be time-consuming and expensive, and it can tie up assets for months or even years. By contrast, an affidavit of heirship can provide a faster, simpler alternative to probate. It allows heirs to establish their right to an inheritance without going through the formal court process.

You will also need a list of all the property and assets in the estate. You can only use a small estate affidavit if the estate has no more than $100,000 in it. You cannot use a small estate affidavit to transfer real property, such as a house.

Since the affidavit does not need to be filed with the court, there are no filing or court fees. The only cost is likely to be paying to have signatures notarized. However, a notary's services typically cost $20 or less. Illinois lays out the requirements of a small estate affidavit on its legislative website.