Avoiding probate

dholt · Joined: 11 Sep 2007 Posts: 1 1.36 Dollars($)

We bought land from my mom. When she filed the deed it said DH, a married person and her husband, GH. She filed it without legal advice. I live in Illinois. My husband died suddenly of a heart attack at age 50. We did not have a will but everything else was set up to go to him if I passed first and the same to me if he passed first. Is there anyway to avoid probate and petition the courts to make me sole survivor?

miller_st · Joined: 17 Jan 2007 Posts: 917 168.82 Dollars($)

You can use affidavit of heirship for avoiding the probate process. You can file the affidavit of heirship in the deed records of the county where the property is situated.

As per laws this affidavit will have to be signed by 2 people who knew the owner and were also aware of the family history. But such persons should not have any interest in his property & should not be financially gaining anything from owner's estate.

Miller

Niicss · Joined: 03 Oct 2005 Posts: 1047 156.15 Dollars($)

You can read more about affidavit of heirship from this page: http://www.tarrantbar.org/Portals/0/Uploads/Elder_Law_Handbook.pdf (page 35).

larry · Joined: 27 Jun 2007 Posts: 3328 473.40 Dollars($)

Hi Dholt,

When there is no will, you may file an affidavit of heirship as said by other community members. By signing the affidavit, you will gain sole ownership to the property. At the same time, it will help you to avoid the probate procedure.

Guest 0.10 Dollars($)

Hi Dholt,

If you are holding the joint tenancy with your husband on the property, then after his death the property will automatically pass to you with the rights of survivorship. And this will also help you to avoid the probate proceedings.

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