As many of you know from our recent meetings and newsletters, the Illinois Land Title Association (ILTA) has been working to reverse the Cook County Recorder of Deeds refusal to record deeds from the heirs of deceased title holders, and the Recorder’s unauthorized and untenable requirement that a probate court order is required to transfer property of a deceased title holder in Cook County.

Unfortunately, on November 5, 2018, the Recorder’s Office made a final decision not to accept Heirship Deeds or Affidavits of Heirship unless they are accompanied by a Certified Order Declaring Heirship:

Greatest of mornings to you, I do hope you’re enjoying your Monday thus far. Many apologies for any confusion which may be swirling around out there, as this most recent time, some of the confusion came from our office–so I apologize for that information. Nonetheless, I am very pleased and excited to report that the Honorable Karen A. Yarbrough herself has reaffirmed the office’s previous position of NOT ACCEPTING Heirship Deeds or Affidavits of Heirship UNLESS they are accompanied by a Certified Order Declaring Heirship. Accordingly, the same legal requirements as previously discussed and established are “still in play” and are office will continue. to assist with educating any and all on that expedited and inexpensive process whenever sought. Thanks for the correspondence, and please enjoy the rest of your day and week!

Best,

Mario A. Reed, Esq.
Director of Public Information I Cook County Recorder of Deeds Office
118 N. Clark Street, Room 120, Chicago, Illinois 60602

As a result of this decision, ILTA filed suit today in the Circuit Court of Cook County to compel the Recorder of Deeds  to record these heirship documents as required by Illinois law (Case No. 2018-CH-14151).

The Illinois Real Estate Lawyers Association will keep you updated as the case progresses.