12.2 Proof and Declaration of Heirship


(a) When a petition for admission of a will to probate or for letters of administration or an amended petition therefor, is filed, proof of heirship shall be made in accordance with Section 5-3 [755 ILCS 5/5-3] and a proposed order declaring heirship shall be submitted to the court.

(b) If no petition is filed for admission of a will to probate or for letters of administration, a person desiring to obtain a declaration of heirship shall file a petition stating:

(i) The name and address of petitioner and petitioner's attorney;

(ii) The name and place of residence of the decedent at the time of death;

(iii) The time and place of death; and

(iv) The names and post office addresses of decedent's heirs and whether any of them is a minor or disabled person.

(c) If no heir is named in a petition for admission of a will to probate or for letters of administration, or in an amended petition therefor, notice of the hearing on heirship shall be given to the State's Attorney.

[Amended August 8, 1996, effective September 3, 1996.]