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In probate court in Illinois, what do the terms "Affidavit of Heirship Filed", "Certificate of PublicationFiled" mean?
Anonymous2 views4 answers
My Uncle passed away end of 2009. He had moved away and left no forwarding address. He was never married, had no children, his brothers and sisters were all deceased, and I am his only niece. I found out from his neighbor that a young single mother had him move in with her.
She filed a petition for Probate of Decedent's Estate. Is there anything that I can do now? Shouldn't I have been notified if he had passed and left a will?
These documents have been filed with the clerk of the circuit court. If you are an heir, you should hire an attorney, especially if you have not had notice of any proceedings. There apparently was no will, or at least no will was filed., but you should examine the affidavit of heirship.
The Affidavit of Heirship is a document that is supposed to list all of his heirs at law (those persons who might be entitled to inherit from him based on their family relationship). Certificate of Publication is a document that states that the petitioner filed a notice of the petition for probate in the newspaper.
You should contact an attorney who specializes in probate matters as soon as possible.
As an heir you need to act promptly to protect your interest. If you uncle did prepare a Will then it may or may not exclude you. Since I am not aware of your financial situation I don't know if you can afford an attorney. If you can (which is the better approach) then I would recommend Attorney Dan Marren who has an office in Oak Park. He is a probate attorney. If you can not afford an attorney then you could go to the courthouse (Daley Center if filed in Cook County) and obtain copies of any Will and other documents that were filed. You would likely still need to consult with an attorney to understand your options at that time.
Best wishes!
Simply put, yes, you should have been notified. Since some time has passed since your uncle died, you should act promptly and consult with an attorney. The court file should be inspected to see if the documents were prepared correctly. If you are not listed as an heir, that is a problem.
