In Illinois, statute 755 Ill. Comp. Stat. § 5/25-1 provides successors, whether biological or otherwise, the ability to file an affidavit of heirship to claim a decedent’s property. This personal or “real” property – vehicles, bank accounts, final paychecks, and sometimes debts – must value at $100,000 or less to avoid probate court. If the successor who files the affidavit of heirship is not directly related to the decedent through marriage or kinship, then the successor must explain their relationship and why other blood relatives have not stepped forward.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Fill-in the following blanks respectively:
- Identify all heirs of the estate
- Your legal name and address
- List your relationship with the decedent
- Timeline of relationship
- Name of any/all spouses including date(s) or marriage, divorce, and death (if any)
- Name of any/all children including date(s) or marriage, divorce, and death (if any)
- Name of any/all grandchildren including date(s) or marriage, divorce, and death (if any)
- Name of any/all parents including date(s) or marriage, divorce, and death (if any)
- Name of any/all brothers & sisters including date(s) or marriage, divorce, and death (if any)
- Name of any/all nieces & nephews including date(s) or marriage, divorce, and death (if any)
Step 3 – Obtain a notarized copy of the death certificate, and sign the document with a notary public.
