UPDATED - Heirs & Deeds - Transferring Property of a Deceased Owner

This post updates the previous change in the law covered in this previous blog post.

You may no longer need an Order of Heirship from a judge from probate court in Cook County to transfer a Deed into the names of the heirs. This is the way the law operated before the Recorder of Deeds required an Order of Heirship from a judge to combat fraudulent transfers. In November 2018, the Illinois Land Title Association filed a law suit against the Cook County Recorder of Deeds for this practice. (The original complaint can be read here.)

The litigation ensued because of the Recorder's refusal to accept any documents titled "Affidavit of Heirship" or "Affidavit of Survivorship", unless also accompanied by a court order. It is worth noting that this policy was instituted by Karen A. Yarborough, though it was continued by Edward M. Moody when Ms. Yarborough became the County Clerk.

On March 15, 2019, the judge, Hon. Michael T. Mullen, granted Illinois Land Title Association’s motion for summary judgment effectively removing the requirement for Orders of Heirship from a judge. (You can click here to read the order.)

Judge Mullen’s order effectively reinstates the original way of handling Affidavits of Heirship which can be recorded without a court order. This saves families thousands of dollars when they don’t have to go through probate court when trying to transfer the property of the deceased owner.

While this is great procedurally, it doesn’t mean you should rest on your laurels. Just as the law changed and caught many off guard, it could do so again. So schedule a FREE 15 min. consultation to discuss your estate planning options, including Transfer on Death (TODI) options, Land Trusts, and Deed Transfer. The Enterprise Esquire is here to help you keep your coins by creating a plan that your budget and legacy can work with.