IL risk area

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.

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?

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 this risk area helps you evaluate 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

Risk 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.

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