UPDATE: Cook County Recorder Ordered to Record Affidavits of Heirship

On March 15, 2019, Judge Michael T. Mullen entered summary judgment in favor of the Illinois Land Title Association in its suit against the Cook County Recorder of Deeds, ordering the Recorder to accept for recording "...deeds, affidavits, and other instruments relating to or affecting title to real estate in the State of Illinois that refer or relate to heirs and heirship (including, but not limited to, deeds in which the grantor or grantee is referred to as an heir, descendant, legatee, or similar designation, and documents titled 'Affidavit of Heirship' or 'Affidavit of Survivorship') without first requiring the recording party to prove heirship or establish the right to record the subject instrument by judicial proceedings, entry of an order of court, or otherwise."

There has been no indication from the Recorder's office whether an appeal will be filed. Until such time as the appeal period expires with no appeal filed, for property located in Cook County in which the record titleholder is deceased, the following Schedule B exception should continue to 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