Marion, IL asked in Probate for Illinois

Q: My dad passed away with no will. My grandparents are keeping his property

They are preventing me from filing an affadavit of heirship.

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1 Lawyer Answer
Bryan R. Bagdady
Bryan R. Bagdady
  • Probate Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed, then it may be in your best interest to do so. When estates have a value below $100k, heirs oftentimes use a small estate affidavit and don't open estates. I don't know if this is your situation. If your father owned real estate, then a small estate affidavit cannot be used to convey the real estate and an estate would be necessary. Hope this helps. - Bryan.

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