Chicago, IL asked in Estate Planning, Real Estate Law and Probate for Illinois

Q: How would you include the %'s in an Illinois Executors Deed when you have 1 executor but multiple heirs/grantees (6)?

Trying to fill out an Executors Deed. I have one executor but about 6 heirs/grantees. Do I just list each heir and their percentage and say individually? For example: John Doe (20%) individually, John Doe Jr. (20%) individually, etc. Should percentages not be included?

1 Lawyer Answer

A: An Executor's Deed or Administrator's Deed is generally utilized when the Representative is "selling" real estate to a third party.

On the other hand, when a representative is merely releasing the estate's interest in the property and confirming title in the heirs (if no will) or legatees (if will admitted to probate), then the appropriate instrument to be recorded with the county land records office is a "Notice of Probate and Release of Estate's Interest".

See the following example forms, which contain a column to state each heir/legatee's respective "share":

-Cook County: https://services.cookcountyclerkofcourt.org/Forms/Forms/pdf_files/CCP0421.pdf

-DuPage County: https://www.dupagecounty.gov/CourtClerk/CourtForms/Forms/15070/

-Will County: https://www.circuitclerkofwillcounty.com/DesktopModules/EasyDNNNews/DocumentDownload.ashx?portalid=0&moduleid=518&articleid=87&documentid=478

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