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Illinois Affidavit of Heirship No Surviving Spouse/Civil Union Partner and/or Descendants

State:
Illinois
Control #:
IL-SKU-2670
Format:
PDF
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affidavit of Heirship No Surviving Spouse/Civil Union Partner and/or Descendants

The Illinois Affidavit of Warship No Surviving Spouse/Civil Union Partner and/or Descendants is a legal document used to establish the rightful heirs of an individual who died intestate (without a will) without a surviving spouse or civil union partner and without any descendant. This document is used to transfer the decedent's real and personal property to the rightful heirs who are identified in the affidavit. There are three types of Illinois Affidavit of Warship No Surviving Spouse/Civil Union Partner and/or Descendants: Affidavit of Warship for Real Property, Affidavit of Warship for Personal Property, and Affidavit of Warship for Jointly Owned Property. Each type of affidavit requires specific information about the decedent, the heirs, and the property in question. The affidavit must be signed in the presence of a notary public, and then filed with the appropriate county court.

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FAQ

What Does It Mean to be an Heir? 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 Does It Mean to be an Heir? 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.

The form must be notarized, so make sure you don't sign it until you can do so in the presence of a notary public. You'll also need to attach a copy of the death certificate and a certified copy of the will if there is one.

An heir is a person who may legally receive property or assets from a deceased person's estate when there is no will or trust in place; this is called dying intestate, and state laws then determine who the heirs are and how the assets are passed down.

A small estate affidavit is a sworn legal document a person can use to assert a claim to assets from the estate of someone who has died. In Illinois, the affidavit is not filed with the court but can be presented to a person, bank, brokerage or other holder of an asset from the estate.

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.

If you have living descendants, your spouse will get half of the inheritance, and your descendants will get the other half of the inheritance. However, grandchildren will only receive a share if their parents are not alive to receive their share.

An heir is someone who's legally entitled to your property if you don't have a will, while a beneficiary is someone you name in a legal document (your will or trust) to receive your assets.

More info

Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings.To obtain the Affidavit, the affiant (surviving spouse, domestic partner, or civil union partner) presents to the Surrogate's Court a certified death. Spousal Property Petitions. The petitioner must be either the surviving spouse (of a legal marriage) or the registered domestic partner of the decedent. DO NOT COMPLETE the following three questions if the decedent left a surviving spouse and surviving children (or descendants of deceased children.) 1. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants. 3. DO NOT COMPLETE the following three questions if the decedent left a surviving spouse and surviving children (or descendants of deceased children.) 1. The estate of a person who dies without a Will is called an "intestate" estate. The estate of a person who dies without a Will is called an "intestate" estate.

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Illinois Affidavit of Heirship No Surviving Spouse/Civil Union Partner and/or Descendants