What happens if I die without a will?

When someone dies without a written will in Illinois, they have died “intestate.” This means that the state will decide how to distribute the deceased’s assets instead of relying on the instructions of the deceased. Generally, the assets are distributed among the deceased’s closest relatives. The order of relatives that inherit, or take, the deceased’s property is governed by a law called the Illinois Uninterrupted Probate Code. Under the Uninterrupted Probate Code, if the deceased person was married and had no children, the spouse typically inherits the entire estate. If the deceased had children, assets are split between the surviving spouse and the children. A surviving spouse is usually entitled to the first $50,000 of the estate and then one-half of the remaining assets. The other half is split equally among the deceased’s children. If the deceased person was not married and had no children, the estate is split between the parents and siblings. The parents are entitled to the first $50,000 and then split the remaining assets equally. If the deceased has siblings, the siblings typically inherit the remaining assets. If the deceased had no spouse, children, or parents, the estate is inherited by the nearest surviving relatives in order of proximity. This could be such relatives as aunts, uncles, cousins, and grandparents. If there are no living relatives to inherit the estate, the estate is given to the state. This is known as “escheat,” and it allows the state to use the assets to fund public purposes such as education, transportation, and public health.

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What happens if I die without a will?

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