Intestate Succession in Illinois: What Happens If You Die Without a Will?

When someone passes away without a valid will in Illinois, their estate goes through what’s called “intestate succession.” This means state law determines who inherits your property, regardless of what you might have wanted. Understanding these laws is crucial for Illinois residents and their families.

What Does Dying “Intestate” Mean?

Dying “intestate” simply means passing away without a valid will. Even if you’ve expressed your wishes verbally to family members or written them down informally, without a proper will, Illinois law will dictate how your assets are distributed.

How Does Illinois Distribute Assets Without a Will?

The distribution of assets follows a specific hierarchy under Illinois law. Here’s how it works:

What Assets Are Affected by Intestate Succession?

Not all assets pass through intestate succession. These assets typically pass directly to named beneficiaries:

• Life insurance policies
• Retirement accounts (401(k)s, IRAs)
• Property held in joint tenancy
• Transfer-on-death accounts
• Assets held in a living trust

Problems That Arise When Dying Without a Will

1. No Control Over Asset Distribution

• You can’t choose who gets what
• You can’t disinherit anyone
• You can’t leave assets to friends or charities

2. Family Complications

• Blended families may face particular challenges
• Family disputes are more likely
• Estranged relatives may inherit against your wishes

3. Additional Costs and Time

• The probate process may take longer
• Legal fees might be higher
• Court supervision may be required more frequently

4. No Guardian Designation

• You can’t name guardians for minor children
• The court will choose guardians based on the “best interests of the child”
• Family members may disagree about guardianship

Special Considerations in Illinois

Small Estate Affidavit

• Available for estates under $100,000 where no real estate involved.
• Helps avoid full probate proceedings.

Rights of Surviving Spouse

• Spousal award for support during estate administration. The Probate Act sets the minimum amount at $20,000.
• Right to renounce any will and take statutory share of one-third (1/3) of the estate.
• Homestead rights protection.

Why Having a Will is Important

Creating a will allows you to:

• Choose your beneficiaries
• Specify asset distribution
• Name guardians for minor children
• Select an executor you trust
• Minimize family conflicts
• Waive the requirement of a surety bond saving on costs of the estate
• Speed up the probate process
• Protect business interests
• Make charitable contributions

Steps to Take Now

1. Inventory your assets
2. Consider your beneficiaries
3. Think about guardianship if you have minor children
4. Consult with an experienced estate planning attorney
5. Create a comprehensive estate plan
6. Review and update your plan regularly

Get Professional Help

While understanding intestate succession is important, the best way to protect your family and assets is to create a proper estate plan. Our experienced estate planning attorneys can help you:

• Create a will that reflects your wishes
• Establish trusts if needed
• Plan for tax efficiency
• Protect your beneficiaries
• Ensure your estate plan meets all legal requirements

Don’t leave your family’s future to chance. Schedule a consultation with our experienced estate planning attorneys to discuss your family’s estate and create a plan that secures your future. Contact us at contact@jlonglaw.com or 312-344-3644 if you have any questions regarding this process.