What Happens If You Die Without a Will in Illinois?

Many people delay estate planning, assuming they’ll get to it someday. Unfortunately, if you pass away without a will in Illinois, state law decides who inherits your assets—often in ways you may not expect or want. Understanding how intestacy laws work can help you see why creating a will is one of the most important legal steps you can take to protect your loved ones and your legacy.

 

Dying “Intestate” in Illinois
When someone dies without a valid will, they are said to have died “intestate.” This means their estate will be distributed according to Illinois intestacy laws, which are set out in the Illinois Probate Act. The probate court will appoint an administrator to manage your estate, pay debts, and distribute property according to the state’s legal formula.

 

Who Inherits When There’s No Will?
The answer depends on your family situation:

• Married with Children: Your spouse receives half of your estate, and your children share the other half equally.

• Married with No Children: Your surviving spouse inherits the entire estate.

• Children, but No Spouse: Your children share your estate equally.

• No Spouse or Children: Your parents and siblings inherit. If your parents are deceased, your siblings divide the estate.

• No Immediate Family: More distant relatives, such as nieces, nephews, or cousins, may inherit. If the court finds no living relatives, your property goes to the State of Illinois.

Why This Can Cause Problems
Illinois’ intestacy laws are designed to be fair—but “fair” isn’t always what’s best for your family. For example:

• Unmarried partners, stepchildren, and close friends receive nothing under intestacy laws.

• The court may appoint an administrator who doesn’t understand your family dynamics.

• Family disputes can arise over personal belongings, sentimental items, or property.

• Without a will, you have no control over guardianship of minor children.

• Business interests, real estate, and investments may be divided in ways that harm their long-term value.

The Probate Process in Illinois
Without a will, your estate will go through probate, a court-supervised process for settling your affairs. Probate can take months—or even years—depending on the complexity of your assets and any family disputes that arise. Probate can also be costly, reducing the overall value of the estate your loved ones receive. Having a will or trust in place helps streamline this process, minimize legal fees, and ensure your wishes are carried out efficiently.

 

How to Avoid Intestacy in Illinois
The best way to avoid intestacy is to create a comprehensive estate plan tailored to your situation. That means drafting a valid will, and in many cases, establishing a trust to protect larger or more complex estates. Additional tools like powers of attorney, transfer-on-death deeds, and beneficiary designations can also help you bypass probate and ensure your assets transfer smoothly.

 

Key Takeaways
If you die without a will in Illinois:

• State law—not you—decides who inherits your property.

• Probate court will appoint someone to manage your estate.

• Loved ones who aren’t legally recognized may be excluded.

• Family conflict and legal delays are common.

Creating an estate plan ensures that your wishes are honored, your loved ones are protected, and your legacy is preserved according to your values—not just state law. For residents of Chicago and throughout Illinois, working with an experienced estate planning attorney like Wendy Calvert Law Offices, P.C. provides the peace of mind that your affairs are in order and your family is prepared for the future.