Who inherits in Illinois without a will?

A surviving spouse and descendants share equally — one-half to the spouse, one-half to the descendants per stirpes; the whole passes to the spouse where there is no descendant, and to the descendants per stirpes where there is no spouse; otherwise to the parents, brothers and sisters, and further as 755 ILCS 5/2-1 provides, with no distinction between kindred of the whole and the half blood.

How much does an Illinois surviving spouse inherit without a will?

One-half of the estate where the decedent leaves a descendant, and the whole where there is none (755 ILCS 5/2-1(a), (c)); the spouse's award for 9 months' support — at least $20,000 plus $10,000 for each minor or dependent child residing with the spouse — comes first (755 ILCS 5/15-1).

Dying Without a Will in Illinois (Intestacy)

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What “intestate” means

Dying “intestate” means dying without a valid will. Illinois's intestacy statute (755 ILCS 5/2-1(a), 755 ILCS 5/2-1(b)) then sets a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants per stirpes (755 ILCS 5/2-1), with no distinction between kindred of the whole and the half blood, and the surviving spouse's award comes first (755 ILCS 5/15-1). Assets that pass outside probate (a funded Trust, beneficiary designations, a transfer on death instrument, jointly held property) follow their own rules, not intestacy.

Who inherits under Illinois law

Spouse, no descendants — the surviving spouse inherits the entire estate (755 ILCS 5/2-1(a)).
Spouse and descendants — one-half to the surviving spouse and one-half to the decedent's descendants per stirpes, whether or not the descendants are also the spouse's (755 ILCS 5/2-1(a)).
Descendants, no spouse — the entire estate to the decedent's descendants per stirpes; with neither, to the parents, brothers and sisters, a surviving parent taking a double portion where the other is dead (755 ILCS 5/2-1(b)).
No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (755 ILCS 5/2-1(b)).

The spouse's share and minor children

In Illinois, when there is no will, a surviving spouse takes the whole estate only if no descendant survives; with a descendant, the spouse takes one-half and the descendants one-half, per stirpes (755 ILCS 5/2-1(a)). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of Illinois as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Illinois attorney can help you put a plan in place.

General information about Illinois law, not legal advice.

Frequently asked questions

Who inherits in Illinois without a will?: A surviving spouse and descendants share equally — one-half to the spouse, one-half to the descendants per stirpes; the whole passes to the spouse where there is no descendant, and to the descendants per stirpes where there is no spouse; otherwise to the parents, brothers and sisters, and further as 755 ILCS 5/2-1 provides, with no distinction between kindred of the whole and the half blood.
How much does an Illinois surviving spouse inherit without a will?: One-half of the estate where the decedent leaves a descendant, and the whole where there is none (755 ILCS 5/2-1(a), (c)); the spouse's award for 9 months' support — at least $20,000 plus $10,000 for each minor or dependent child residing with the spouse — comes first (755 ILCS 5/15-1).

General information about Illinois law, not legal advice.