Every (i) personal representative of a decedent, whether such decedent diedtestate or intestate, at the time of his qualification, and (ii) proponent ofa will where there is no qualification of a personal representative, when thewill is presented for probate, shall furnish the court or clerk where hequalifies and the clerk of the circuit court of the city or county where realestate that is an asset of the decedent's estate is located, a list of heirsunder oath in accordance with a form provided to each clerk of court by theOffice of the Executive Secretary of the Supreme Court or acomputer-generated facsimile thereof.
If there has been no qualification of a personal representative within 30days following death, a list of heirs, made under oath in accordance with theform provided to each clerk or a computer generated facsimile, may be filedby any heir at law of a decedent who died intestate.
The clerk shall record such list in the will book and index in the name ofthe decedent and the heirs. Such list so made and recorded shall be primafacie evidence of the facts therein stated. The cost of recording such listshall be deemed a part of the cost of administration and be paid out of theestate of the decedent. Such personal representative shall not receive anycompensation for his services until such list is filed unless he files anaffidavit before the commissioner of accounts that the heirs are unknown tohim and that after diligent inquiry he has been unable to ascertain theirnames, ages or addresses, as the case may be.
The list of heirs filed pursuant to this section shall reflect the heirs inexistence on the date of the decedent's death. If there are any changes as towho should be included on the list of heirs, an additional list of heirsshall be filed that includes such changes.
(Code 1950, § 64-127; 1954, c. 182; 1968, cc. 384, 656; 1984, c. 339; 1994,c. 327; 1998, c. 610; 2010, c. 585.)
Every (i) personal representative of a decedent, whether such decedent diedtestate or intestate, at the time of his qualification, and (ii) proponent ofa will where there is no qualification of a personal representative, when thewill is presented for probate, shall furnish the court or clerk where hequalifies and the clerk of the circuit court of the city or county where realestate that is an asset of the decedent's estate is located, a list of heirsunder oath in accordance with a form provided to each clerk of court by theOffice of the Executive Secretary of the Supreme Court or acomputer-generated facsimile thereof.
If there has been no qualification of a personal representative within 30days following death, a list of heirs, made under oath in accordance with theform provided to each clerk or a computer generated facsimile, may be filedby any heir at law of a decedent who died intestate.
The clerk shall record such list in the will book and index in the name ofthe decedent and the heirs. Such list so made and recorded shall be primafacie evidence of the facts therein stated. The cost of recording such listshall be deemed a part of the cost of administration and be paid out of theestate of the decedent. Such personal representative shall not receive anycompensation for his services until such list is filed unless he files anaffidavit before the commissioner of accounts that the heirs are unknown tohim and that after diligent inquiry he has been unable to ascertain theirnames, ages or addresses, as the case may be.
The list of heirs filed pursuant to this section shall reflect the heirs inexistence on the date of the decedent's death. If there are any changes as towho should be included on the list of heirs, an additional list of heirsshall be filed that includes such changes.
(Code 1950, § 64-127; 1954, c. 182; 1968, cc. 384, 656; 1984, c. 339; 1994,c. 327; 1998, c. 610; 2010, c. 585.)
Every (i) personal representative of a decedent, whether such decedent diedtestate or intestate, at the time of his qualification, and (ii) proponent ofa will where there is no qualification of a personal representative, when thewill is presented for probate, shall furnish the court or clerk where hequalifies and the clerk of the circuit court of the city or county where realestate that is an asset of the decedent's estate is located, a list of heirsunder oath in accordance with a form provided to each clerk of court by theOffice of the Executive Secretary of the Supreme Court or acomputer-generated facsimile thereof.
If there has been no qualification of a personal representative within 30days following death, a list of heirs, made under oath in accordance with theform provided to each clerk or a computer generated facsimile, may be filedby any heir at law of a decedent who died intestate.
The clerk shall record such list in the will book and index in the name ofthe decedent and the heirs. Such list so made and recorded shall be primafacie evidence of the facts therein stated. The cost of recording such listshall be deemed a part of the cost of administration and be paid out of theestate of the decedent. Such personal representative shall not receive anycompensation for his services until such list is filed unless he files anaffidavit before the commissioner of accounts that the heirs are unknown tohim and that after diligent inquiry he has been unable to ascertain theirnames, ages or addresses, as the case may be.
The list of heirs filed pursuant to this section shall reflect the heirs inexistence on the date of the decedent's death. If there are any changes as towho should be included on the list of heirs, an additional list of heirsshall be filed that includes such changes.
(Code 1950, § 64-127; 1954, c. 182; 1968, cc. 384, 656; 1984, c. 339; 1994,c. 327; 1998, c. 610; 2010, c. 585.)
