The Illinois Order Declaring Warship is a court-ordered document issued by the Circuit Court of the county in which the decedent's estate is located that states the legal heirs of a deceased person. It is typically used when the will of the deceased does not clearly identify the heirs, or when it is not known who the heirs are. It is also used to settle disputes between family members or others who believe they are entitled to a share of the estate. There are two types of Illinois Order Declaring Warship: a Summary Order and a Full Order. A Summary Order is a brief document that states to identify of the heirs and is typically used when the decedent's will clearly identify the heirs. A Full Order is a more detailed document that lists the names of all the heirs and typically includes supporting documents such as affidavits or other documents that provide evidence of the heirs' relationship to the decedent.
Illinois Order Declaring Heirship
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?If the address of an heir or legatee is unknown, the executor is required to publish notice to the heirs and legatees in a local newspaper once a week for three weeks, beginning within 14 days of the entry of the order admitting the will to probate. ?The executor must also publish notice to any unknown creditors.
(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.
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.
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 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.
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.