Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) is a commonly used form within Illinois. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake):

• This form pertains to the State of Illinois

• The current version of this form was last revised on December 17, 2024

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Illinois’s Form Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Illinois form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Illinois probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake), take a break, and then review. Probate and estate settlement processes in IL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Illinois.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Illinois can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Illinois. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Illinois is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Illinois probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Illinois probate clerk or court for exact answers regarding Form Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake), and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) is one of the many probate court forms available for download through Atticus.

It may also be available through some Illinois probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Illinois.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Illinois probate court office.

Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Illinois-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Illinois Form Affidavit Of Heirship - Spouse Or Descendants (Lake) (Lake). You can use this to get an idea of the context of the form and what type of information is needed.

Page 1 of 3 171P-26B (Rev. 12/17) IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS ESTATE OF ) ) ) _____________________________________________ ) ) Gen No. ________________________ AFFIDAVIT OF HEIRSHIP SURVIVING SPOUSE/CIVIL UNION PARTNER AND/OR DESCENDANTS INSTRUCTIONS: USE THIS FORM IF DECEDENT DIED WITH SURVIVING SPOUSE/CIVIL UNION PARTNER AND/ OR SURVIVING DESCENDANTS (i.e., children, grandchildren, great grandchildren). IF PERSON DIED WITH NO SURVIVING SPOUSE/CIVIL UNION PARTNER AND/OR DESCENDANTS, USE FORM 171P-26A The undersigned, under penalties of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure states: 1. The decedent, _________________________________________________________________________________, died at _______________________________________ on _________________________ at the age of ____ years. (Place of Death) (Date of Death) 2.  I am a relative of decedent. State relationship: ____________________________________________________.  I am not a relative of decedent, but have knowledge of the decedent’s heirship as a result of the following: _____________________________________________________________________________________________, _____________________________________________________________________________________________. 3. Spouse  The decedent was never married or a party to a civil union. OR  The decedent was married or a party to a civil union ____________ times (No. of Marriages/Civil Unions) and decedent was married or a party to a civil union to ________________________________________ (Surviving Spouse/Partner) at the time of death. Provide the following information for prior marriages/civil unions: Name of Spouse/Civil Union Partner How Did Marriage/Civil Union End? 1. ____________________________________________  Death  Dissolution 2. ____________________________________________  Death  Dissolution 3. ____________________________________________  Death  Dissolution 4. Children  No child was born to, or adopted by, the decedent. If the decedent left a surviving spouse/partner but no children, proceed to paragraph 7. OR  The following children and no others were born to, or adopted by, decedent in or out of wedlock: Name of Child By Spouse/Partner No. Predeceased Decedent – P Other Parent’s Name (Section 3) Survived Decedent – S Adopted – A Disabled – D Minor – M 1. ________________________________________________________________________________________ 2. ________________________________________________________________________________________ 3. ________________________________________________________________________________________ 4. ________________________________________________________________________________________ a. Page 2 of 3 171P-26B (Rev. 12/17) If no child has predeceased decedent, proceed to paragraph 7. 5. For children who predeceased the decedent and who had children born or adopted, please state: Deceased Child Name of each child of Predeceased – P Adopted – A (Section 4) Deceased child Decedent Disabled – D (Grandchild) Minor – M Survived – S Decedent 1. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ 2. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ 3. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ If a grandchild listed under paragraph 5 predeceased the decedent leaving a descendant, please fill out Exhibit A.  Check here if Exhibit A is attached. 6. All children or grandchildren born to or adopted by decedent have been included in this affidavit. 7. Based on the foregoing, decedent left surviving as decedent’s only heirs, the following, all of whom survived decedent, and, in the absence of an indication to the contrary, are of legal age and mentally competent: Name Relationship Disabled – D Minor - M 1. ____________________________________________ _________________________ ___________ 2. ____________________________________________ _________________________ ___________ 3. ____________________________________________ _________________________ ___________ 4. ____________________________________________ _________________________ ___________ 5. ____________________________________________ _________________________ ___________ 6. ____________________________________________ _________________________ ___________ CERTIFICATION Under penalites of perjury as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct. Date: _________________ , 20 ____ Affiant ________________________________ Subscribed and sworn to before me this ______ day of _________________________ _____________________________________ Notary Public Prepared by: Name: ____________________________________ Pro Se  Address: __________________________________________ City: ______________________________ State: __________ Phone: ______________________Zip Code: _____________ ARDC #: __________________________________________ E-mail address: _____________________________________ Page 3 of 3 171P-26B (Rev. 12/17) AFFIDAVIT OF HEIRSHIP SURVIVING SPOUSE/CIVIL UNION PARTNER AND/OR DESCENDANTS EXHIBIT A For each granchild listed under paragraph 5 who predeceased the decedent and who had children born or adopted please state: Predeceased - P Deceased Name of each Child of Decedent Adopted – A Grandchildren Deceased Disabled – D Grandchild Survived – S Minor – M Decedent 1. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ 2. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ 3. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ If no child of a deceased grandchild has predeceased decedent, proceed to paragraph 7. For each great granchild listed above who predeceased decedent and who had children born or adopted, please state: Deceased Name of each Child of Decedent - P Adopted – A Great Granchildren Deceased Disabled – D Great Granchild Survived – S Minor – M Decedent 1. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ 2. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ 3. _____________________________ 1. _________________________ _____________ ___________ 2. _________________________ _____________ ___________ 3. _________________________ _____________ ___________ If no child of a deceased great grandchild has predeceased decedent, proceed to paragraph 7.