Legal Question in Wills and Trusts in Illinois

Affidavit of Heirship

My father passed without a will, me and my 2 brothers are the only heirs (my mother passed a few years before my father, both his parents passed a while ago and all his siblings have passed). I was named the Administrator of the estate and we've already gone through probate. The estate is just a house. Me and my brothers would like to refinance the house but the title company is requesting an Affidavit of Heirship since there was no will. The Affidavit states it is to be filled out by a ''disinterested party'' I'm assuming that means anyone who is not an heir (anyone but me and my brothers). My question is who can fill out the Affidavit for us? The title company says it has to be a neighbor or Clergyman. Can't we have an Inlaw, Aunt, Cousin, etc complete the affidavit for us since they are not an heir and would actually know most of answers contained in the affidavit ?


Asked on 9/20/07, 11:27 am

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Affidavit of Heirship

That sounds odd.

In any case, if you've already gone through probate, then there has to be an Affidavit of Heirship on file for the probate estate (and a corresponding Order Declaring Heirship) -- it is a prerequisite to opening any estate. That being the case, I would expect that a court-approved Affidavit and Order should satisfy the title company. If you don't have copies of the probate documents, they are public record and you can obtain a copy from the clerk of the court.

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Answered on 9/20/07, 11:37 am


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