IL estate risk
Intestacy risk in Illinois
How assets are distributed when there is no will and state default rules control the outcome.
Illinois intestacy splits the estate between a surviving spouse and descendants, with the remainder passing to parents and siblings if there are no descendants.
At a glance
Key takeaways
- If a spouse and descendants survive, the spouse receives one-half and descendants share one-half per stirpes.
- If a spouse survives but no descendants, the spouse receives the entire estate.
- If no spouse survives, descendants receive the entire estate per stirpes.
- If no spouse or descendants, parents and siblings share the estate in equal parts under statute.
Questions to consider
Questions to consider in Illinois
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Illinois intestacy splits the estate between a surviving spouse and descendants, with the remainder passing to parents and siblings if there are no descendants.
- If a spouse and descendants survive, the spouse receives one-half and descendants share one-half per stirpes.
- If a spouse survives but no descendants, the spouse receives the entire estate.
- If no spouse survives, descendants receive the entire estate per stirpes.
- If no spouse or descendants, parents and siblings share the estate in equal parts under statute.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://codes.findlaw.com/il/chapter-755-estates/il-st-sect-755-5-2-1/
- https://www.nolo.com/legal-encyclopedia/intestate-succession-illinois.html
- https://www.ilga.gov/legislation/ilcs/documents/075500050K2-2.htm
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Illinois.
Optional next steps
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