What happens when you die without a will in Illinois?

If a person dies without a will, the person died intestate. The person who died is called the decedent. The decedent’s property is given to the decedent’s heirs during a probate court case. If the person had no spouse or children, then their property goes to their next closest surviving relatives.

What happens if you don’t follow intestacy rules?

If you die intestate leaving no surviving spouse or civil partner, your estate will be distributed in a strict order, which is: If you have children, they will inherit all of your estate in equal shares. If a child has already died, his or her children will inherit their share of the estate.

Can you dispute intestacy?

Can intestacy rules be challenged? You can’t contest an intestacy ruling in the same way that you can contest a will. However, if your loved one has died and you believe they would have wanted to leave you an inheritance, you can make a claim under the Inheritance (Provision for Family and Dependants) Act.

Can I contest probate if there is no will?

Contesting probate can feel difficult when there is no Will to back up a claim, especially if the estate is particularly large or complex. The rules of intestacy make no provision for unmarried partners and do not take into account any verbal promises the deceased might have made in their lifetime.

What are the intestate laws in the state of Illinois?

Intestate laws vary depending on the state and there can be cases where more than one state’s intestate laws apply to a situation, such as if someone resides in one state but owned property in another. In Illinois, the intestate laws are as follows:

How are assets divided in Illinois in the absence of a will?

Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased individual and which has no designated beneficiary.

What are rules of descent in Illinois intestacy?

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent’s descendants per stirpes. (b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent’s descendants per stirpes.

What happens if someone dies in Illinois without a will?

When an Illinois resident dies without having made a Last Will and Testament, the intestacy succession laws found in the Illinois statutes will dictate who inherits the deceased person’s probate estate. Below is a summary of the Illinois intestacy succession laws in various situations.

Intestate laws vary depending on the state and there can be cases where more than one state’s intestate laws apply to a situation, such as if someone resides in one state but owned property in another. In Illinois, the intestate laws are as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent’s descendants per stirpes. (b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent’s descendants per stirpes.

When an Illinois resident dies without having made a Last Will and Testament, the intestacy succession laws found in the Illinois statutes will dictate who inherits the deceased person’s probate estate. Below is a summary of the Illinois intestacy succession laws in various situations.

What happens to assets after death in Illinois?

Intestacy laws and the distribution of assets left after satisfying debts are the responsibility of the probate court. Here is what will happen under the Illinois intestacy laws if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great-grandchildren, etc.):