IL state guide
Illinois estate risk overview
This guide explains how estate outcomes work in Illinoiswhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
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.
Probate process
Illinois allows use of a small estate affidavit to transfer qualifying personal property without opening a probate estate.
- A small estate affidavit can be used if no letters of office are outstanding or pending in any jurisdiction.
- Personal property must not exceed $150,000 (motor vehicles may be transferred separately).
- The affidavit authorizes banks and other holders to release or transfer property to the listed successors.
- The small-estate affidavit must list all heirs and legatees and certify that no letters are pending.
Estate and inheritance tax exposure
Illinois imposes a state estate tax with a $4,000,000 exclusion amount and requires Form 700 filings for estates above that threshold.
- The Illinois estate tax exclusion amount is $4,000,000.
- An Illinois Form 700 is required when the gross estate (including adjusted taxable gifts) exceeds the exclusion amount.
- Illinois estate tax is due nine months after the date of death; extensions are available.
- State estate tax thresholds are separate from the federal exemption and can be lower; confirm current exclusion and filing requirements.
Guardianship for minors
Illinois courts appoint guardians of minors when it is in the child’s best interest, with parental nominations and minor nominations given statutory consideration.
- A parent may nominate a guardian in a will or other writing; the court may appoint if in the minor’s best interest.
- The court generally lacks jurisdiction if a living parent is willing and able to care for the minor, unless statutory exceptions apply.
- A minor age 14 or older may nominate a guardian, subject to court approval.
- Notice of the hearing is required for the minor (age 14+) and relatives listed in the petition.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Risk areas
Explore estate risk dimensions in Illinois
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Illinois
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Missing state estate tax thresholds and filing rules.
Who is most exposed
Higher default risk in Illinois
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
- Higher-net-worth estates near state tax thresholds.
Next: explore planning options in Illinois
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.