(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.)
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