What happens to the assets in an intestate estate after the death of the deceased?

When a person dies without leaving a will (intestate), state intestate succession laws determine how the deceased’s assets will be distributed. In Illinois, if the deceased has a surviving spouse and descendants from that spouse, the surviving spouse receives a percentage of the deceased’s estate. The remainder is divided among the descendants (children, grandchildren, and more distant relatives). Descendants from a prior marriage of the deceased’s spouse may also be entitled to a portion of the estate. If the deceased has no surviving spouse, the entire estate is distributed to the deceased’s descendants. If there are no surviving descendants, the estate is divided among the next closest living relatives, such as grandparents, aunts, uncles, and cousins. If there are no relatives, the estate passes to the state of Illinois. Generally, personal property is distributed first, with any remaining funds going to creditors of the deceased. After the estate is distributed, a court will review the estate and the distribution to determine whether the law was correctly applied. If someone believes that he or she was unfairly left out of the estate plan, he or she may challenge the decision in court.

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What happens to the assets in an intestate estate after the death of the deceased?

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