Probate in Illinois: What Your Family Goes Through Without a Will

When someone dies without a will in Illinois, assets are distributed according to the state's intestate succession laws through circuit court. Some assets skip this process entirely.

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Those exceptions include the following.

• Any life insurance policies that have a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Property held in joint tenancy with right of survivorship.

• Any bank accounts with a payable-on-death designation.

If none of the above exceptions apply, Illinois offers a small estate affidavit process for estates worth $150,000 or less, not counting vehicles, under 755 ILCS 5/25-1, once at least 60 days have passed since the death.

Succession Laws Without a Will in Illinois

In Illinois, all individually owned assets are treated the same regardless of when they were acquired during the marriage. Under 755 ILCS 5/2-1, the lines of succession if no will exists are as follows.

• If you are married with descendants, your spouse inherits one-half of the entire estate, and your descendants inherit the other half, divided per stirpes. Unlike many states, Illinois does not treat blended families differently in this situation.

• If you are married with no descendants, your spouse inherits everything.

• If you have descendants but no spouse, your descendants inherit your entire estate.

• If you have no spouse and no descendants, your parents, siblings, and their descendants share the estate equally, with a surviving parent receiving a double share if the other parent has died.

Want to compare your options before or after probate? Compare what is included in a will and a trust.