What Happens if You Die Without a Will in Illinois?
If you die without a will in Illinois, your assets pass to your closest relatives under the state's intestate succession laws found in 755 ILCS 5/2-1. Who inherits which assets depends on your marital status and family situation.
If You are Married with Children
Unlike many states, Illinois does not treat blended families differently.
- Your spouse inherits one-half of your entire estate.
- Your descendants inherit the other half, divided per stirpes, regardless of whether they are also your spouse's children.
If You are Married Without Children
Your spouse inherits your entire intestate estate if you have no children.
If You Don't Have a Spouse, but Have Children
Your descendants inherit everything, divided per stirpes. This includes legally adopted children, but generally not stepchildren who were never legally adopted.
If You Don't Have a Spouse or Children
Your parents, brothers, sisters, and the descendants of any deceased sibling share the estate equally. If one parent has died, the surviving parent receives a double share.
If No Living Relatives Can Be Found
If no qualifying relative can be located, including grandparents on both sides of the family, your property escheats to the State of Illinois. This does not occur often as the state will contact even distant relatives to try and identify an heir.
Other Things to Know about Dying Without a Will in Illinois
- Stepchildren generally do not inherit unless they were legally adopted.
- The circuit court will appoint an administrator to oversee the distribution of the estate.
- Illinois has its own state estate tax, separate from any federal estate tax.
When Does an Estate Go Through Probate Without a Will
If the estate is worth $150,000 or less, not counting vehicles, your family may apply for a small estate affidavit instead of a full probate proceeding, once at least 60 days have passed since the death of the testator.
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