Cook County Recorder Again Refusing to Record Affidavits of Heirship

The office of the Cook County Recorder of Deeds has again reiterated that it will not accept for recording any deed in which the grantors are the heirs of the record titleholder nor will it accept for recording an affidavit of heirship unless there has been an order declaring heirship entered by the Circuit Court under 755 ILCS 5/5-3. Without the ability to record either an affidavit of heirship or a deed executed by the heirs and devisees of the deceased titleholder, ATG will be unable to insure title by means of a bond in lieu of probate. The Illinois Land Title Association has filed a mandamus action against the Cook County Recorder seeking an order requiring the Recorder to accept for recording affidavits of heirship and deeds from the heirs and devisees of the deceased titleholder.

For property located in Cook County in which the record titleholder is deceased, the following Schedule B exception should be raised:

This property is located within Cook County in which the Recorder's office has announced that it will no longer accept affidavits of heirship or deeds from the heirs and devisees of a deceased titleholder unless the affidavit or deed is accompanied by a certified court order declaring heirship pursuant to 755 ILCS 5/5-3.

Posted on: Mon, 11/26/2018 - 1:06pm