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Illinois affidavit Of Heirship No Surviving Spouse Or Descendant

State:
Illinois
Control #:
IL-CC132
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PDF
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affidavit Of Heirship No Surviving Spouse Or Descendant

An Illinois Affidavit of Warship No Surviving Spouse or Descendant is a legal document used to establish the warship of an individual in the state of Illinois when there is no surviving spouse or descendant. It is usually used to settle the estate of a deceased individual without the need for probate. There are two types of Illinois Affidavit of Warship No Surviving Spouse or Descendant: a Standard Form and a Simplified Form. The Standard Form is used when the decedent’s estate is complex and consists of multiple assets. The Simplified Form is used when the decedent’s estate is relatively simple and consists of only one asset. Both forms require the completion of a number of steps, including the completion of the Affidavit of Warship, the collection of information and documentation, and the submission of the forms to the probate court for approval.

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FAQ

The affidavit or transcript of evidence shall be filed by the clerk of the court declaring the heirship and remain as a part of the files in the cause.

(c) An order of the court declaring heirship is prima facie evidence of the heirship, but any other legal method of proving heirship may be resorted to by any party interested therein in any place or court where the question may arise.

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.

Under Illinois' intestacy laws, your estate will pass to family members or escheat (be transferred) to the state (if you have no known relatives). This can be problematic and potentially devastating, especially if you are not married to your partner or if you intend for a nonrelative or friend to inherit your assets.

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.

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.

In most cases, the next of kin refers to immediate family members such as a spouse, children, parents, or siblings.

To use a small estate affidavit, all of the following must be true: The total amount of property in the estate is worth $100,000 or less; The person who died did not own any real estate, or they owned real estate that went to someone else when they died.

More info

An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will. DO NOT COMPLETE the following three questions if the decedent left a surviving spouse and surviving children (or descendants of deceased children.).Name of spouse or dissolution (give app. dates). It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate). For purposes of this affidavit, you must do the following: You must list ALL RELATIVES of the decedent, including yourself, if applicable. IN RE: ESTATE OF deceased. If widowed, please attach a copy of deceased spouse's death certificate. Who is an heir or devisee and has a legal incapacity. 2. Decedent died a resident of on . If widowed, please attach a copy of deceased spouse's death certificate.

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Illinois affidavit Of Heirship No Surviving Spouse Or Descendant