Contesting an Heirship in Illinois

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we will explain contesting an heirship in Illinois. Our Illinois lawyers will answer:

• What is heirship in Illinois?
• Who is an heir-at-law in Illinois?
• What is an affidavit of heirship in Illinois?
• Who can contest an heirship in Illinois?
• Are there assets an heirship cannot touch?

What Is Heirship in Illinois?

Heirship is the right of inheritance. In certain situations, heirship must be proven in Illinois by an affidavit to settle an estate, especially in cases where a will wasn’t executed by a decedent.

Is an Heir the Same as a Beneficiary in Illinois?

No. Though the terms are often used interchangeably, their legal definitions are much different. A beneficiary is a party who inherits according to the terms of a valid will. An heir inherits based on the rules of descent and distribution. It’s possible for a beneficiary to not be related by blood to a decedent. But an heir-at-law will almost always have a familiar relation to the decedent (if not through blood then through legal processes like adoption).