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.


If you have questions about an Illinois probate matter, including issues with heirship, give our office a call at (630) 898-4789 to set up a free initial consultation with an experienced Chicagoland area probate attorney.  You can also email us at office@kevinwilliamslaw.com if you would prefer to communicate with the attorney via email. 


We currently help families with probate matters in Kane, DuPage, Kendall, Will, and Cook County.  We will consider probate cases in other Chicago area counties as well.




















































































The Law Office of Kevin Williams, 2295 Bannister Lane, Aurora, IL 60504, (630) 898-4789

Law Office of


Serving DuPage, Cook, Kane, Kendall, & Will Counties


Phone: 630.898.4789

Fax: 630.658.0557





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