What is an Affidavit of Heirship in Illinois Probate Law?

In an Illinois probate estate, one of the most important determinations made by the Probate Court is the heirship of the person who passed away. 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. While most Affidavits of Heirship are easy to understand and are fairly straightforward, there are times when heirships can become very complicated. 

What happens if Illinois heirs can’t be located?

If heirs to an estate in Illinois can’t be located, and they receive an inheritance from the estate, then their portion of the estate escheats to the local county treasurer. If the heirs are ever found at a later date (by an heir search company, for instance) or otherwise find out about their inheritance, they can then make a claim for their shares of the estate. However, due to the widespread fraud associated with claims for inheritances in an estate from county treasurer’s offices, obtaining the distributions may sometimes be difficult.