Illinois Compiled Statutes
755 ILCS 5/5-3 (2026)
Power to ascertain and declare heirship - evidence
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(755 ILCS 5/5-3)
(from Ch. 110 1/2, par. 5-3)
Sec. 5-3.
Power to ascertain and declare heirship - evidence.)
(a) The court may ascertain and declare the heirship of any decedent to
be entered of record in the court at any time during the administration
of the estate without further notice or, if there is no grant of
administration, upon such notice and in such manner as the court
directs.
(b) The ascertainment of heirship may be made from (1) an affidavit
of any person stating the facts from which the heirship of the decedent
can be ascertained, which affidavit shall be signed and sworn to or
affirmed before any notary public or judge of any court of record in the
United States or any of its possessions or territories and certified by
the clerk thereof, or before any United States consul, vice-consul,
consular agent, secretary of legation or commissioned officer in active
service of the United States, within or without the United States, or
(2) from evidence either in narrative form or by questions and answers
which are reduced to writing and certified by the court declaring the
heirship. The seal of office of any notary public, United States consul,
vice-consul, consular agent or secretary of legation and the designation
of the name, rank and branch of service of any commissioned officer in
active service of the armed forces of the United States shall be
sufficient evidence of his identity and official character. The
affidavit or transcript of evidence shall be filed by the clerk of the
court declaring the heirship and remain as a part of the files in the
cause.
(c) An order of the court declaring heirship is prima facie evidence
of the heirship, but any other legal method of proving heirship may be
resorted to by any party interested therein in any place or court where
the question may arise.
(d) For purposes of this section the court may presume, in the absence
of any evidence to the contrary, that the decedent and any person through
whom heirship is traced was not the mother or father of any child born out
of wedlock and, if the decedent or the person was a male, that no child
born out of wedlock was filiated to or acknowledged or legitimated by the
decedent or the person.
(Source: P.A. 81-598.)
(755 ILCS 5/Art. VI heading) ARTICLE VI
PROBATE OF WILLS AND ISSUANCE OF LETTERS OF OFFICE
|
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 2002–2026 · leading case: In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024).
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “Ellizzette argued that section 5-3 of the Probate Act (755 ILCS 5/5-3 (West 2022)) specifically authorizes the court to ascertain and declare heirship “at any time during the administration of the estate,” so the two-year limitation of section 18-12(b) cannot apply to changes in…”
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “” 755 ILCS 5/5-3(c) (West 2010). Thus, the existence of an order of heirship establishes a presumption of heirship that affects the burden of producing evidence.”
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “” 755 ILCS 5/5-3(c) (West 2010). Thus, the existence of an order of heirship establishes a presumption of heirship that affects the burden of producing evidence.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “” 755 ILCS 5/5-3(a) (West 2016). -6- the estate.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “” 755 ILCS 5/5-3(a) (West 2016). -9- 2017 IL App (2d) 160723 Probate Code.”
In Re Est. of Renchen, 939 N.E.2d 605 (Ill. App. Ct. 2010). “In coming to this conclusion, I reject Todd's reliance on section 3(c) of the Probate Act, which provides that the issue of heirship may be litigated "by any party interested therein in any place or court where the question may arise.”
In re Engle, 2026 IL App (3d) 250286-U (Ill. App. Ct. 2026). “See 755 ILCS 5/5-3, 9-3 (West 2024). The former determines who will inherit from the intestate estate; the latter determines who will administer it.”
Bardhan v. Nw. Mem'l Hosp., 2026 IL App (1st) 240371-U (Ill. App. Ct. 2026). “¶ 92 Under the Probate Act, “[t]he ascertainment of heirship may be made from (1) an affidavit of any person stating the facts from which the heirship of the decedent can be ascertained *** or (2) from evidence either in narrative form or by questions and answers which are…”
In re Est. of Renchen (Ill. App. Ct. 2010). “” 755 ILCS 5/5-3(c) (West 2006). An “interested person” includes “one who has *** a financial interest [] [or] property right *** which may be affected by the action ***, including[,] without limitation[,] an heir.”
In re Est. of Parisi (Ill. App. Ct. 2002). “Moreover, the court evaluated all of this evidence in Carol's estate when it applied the Act and vacated the previous order of heirship. Thomas relies on the affidavits of heirship sworn to by Cherylee which state that Sam predeceased Carol and the orders of heirship entered…”
— 755 ILCS 5/5-3(a) — 3 cases
In re Est. of McDonald, 2024 IL App (2d) 230195 (Ill. App. Ct. 2024). “Ellizzette argued that section 5-3 of the Probate Act (755 ILCS 5/5-3 (West 2022)) specifically authorizes the court to ascertain and declare heirship “at any time during the administration of the estate,” so the two-year limitation of section 18-12(b) cannot apply to changes in…”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “” 755 ILCS 5/5-3(a) (West 2016). -6- the estate.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “” 755 ILCS 5/5-3(a) (West 2016). -9- 2017 IL App (2d) 160723 Probate Code.”
— 755 ILCS 5/5-3(b) — 4 cases
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “” 755 ILCS 5/5-3(a) (West 2016). -9- 2017 IL App (2d) 160723 Probate Code.”
In re Est. of Jagodowski, 2017 IL App (2d) 160723 (Ill. App. Ct. 2017). “” 755 ILCS 5/5-3(a) (West 2016). -6- the estate.”
Bardhan v. Nw. Mem'l Hosp., 2026 IL App (1st) 240371-U (Ill. App. Ct. 2026). “¶ 92 Under the Probate Act, “[t]he ascertainment of heirship may be made from (1) an affidavit of any person stating the facts from which the heirship of the decedent can be ascertained *** or (2) from evidence either in narrative form or by questions and answers which are…”
In re Engle, 2026 IL App (3d) 250286-U (Ill. App. Ct. 2026). “See 755 ILCS 5/5-3, 9-3 (West 2024). The former determines who will inherit from the intestate estate; the latter determines who will administer it.”
— 755 ILCS 5/5-3(c) — 5 cases
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “” 755 ILCS 5/5-3(c) (West 2010). Thus, the existence of an order of heirship establishes a presumption of heirship that affects the burden of producing evidence.”
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014). “” 755 ILCS 5/5-3(c) (West 2010). Thus, the existence of an order of heirship establishes a presumption of heirship that affects the burden of producing evidence.”
In Re Est. of Renchen, 939 N.E.2d 605 (Ill. App. Ct. 2010). “In coming to this conclusion, I reject Todd's reliance on section 3(c) of the Probate Act, which provides that the issue of heirship may be litigated "by any party interested therein in any place or court where the question may arise.”
In re Est. of Renchen (Ill. App. Ct. 2010). “” 755 ILCS 5/5-3(c) (West 2006). An “interested person” includes “one who has *** a financial interest [] [or] property right *** which may be affected by the action ***, including[,] without limitation[,] an heir.”
In re Est. of Parisi (Ill. App. Ct. 2002). “Moreover, the court evaluated all of this evidence in Carol's estate when it applied the Act and vacated the previous order of heirship. Thomas relies on the affidavits of heirship sworn to by Cherylee which state that Sam predeceased Carol and the orders of heirship entered…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|