How are intestate estates distributed?

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.

What is intestate succession in Illinois?

When a person (called a “decedent”) dies in Illinois without a will or other estate planning instrument, some of the decedent’s property may pass to his or her heirs pursuant to the Illinois rules of intestate succession. The Illinois rules of intestate succession are the default rules for inheritance in our state.

Are all heirs beneficiaries?

Not all heirs are beneficiaries, such as the case with an estranged adult child who is intentionally left out of a will. Likewise, not all beneficiaries are heirs. For example, a person can designate a friend or companion to receive property.

What are the intestacy laws in Illinois?

In Illinois, the intestate laws are as follows: Deceased person is survived by spouse and descendants: the spouse receives half the property and the children split the remaining half. Deceased person is survived by spouse and no descendants: the spouse receives the entire probate property.

How is money distributed from an estate?

Any earnings or income from estate property will be placed in the account. Any debts and taxes owed by the estate will be paid out of the estate bank account. Any cash distributions to beneficiaries will be paid out of the estate bank account.

What are the rules for intestate succession?

The law on rules on legal or intestate succession provides that in every inheritance, the relative nearest in degree excludes the more distant ones and that the succession to property by heirs pertains first to the direct descending line (Articles 962 and 978, Id.).

When a husband dies what is the wife entitled to in Illinois?

An Illinois surviving spouse has the right to an allowance for nine months after the decedent’s death. The allowance is permitted in a manner suited to the spouse’s condition of life, taking into consideration the condition of the estate, and an addition reasonable sum for the spouse’s proper support.

Are grandchildren considered heirs?

Heirs are the persons who are entitled by law to inherit the property of another upon the person’s death. If the decedent has no living children, but they have grandchildren, then their grandchildren would be next in line as heirs at law.

What are the rules of Intestate Succession in Illinois?

Illinois rules of intestate succession are set forth in 755 ILCS 5/2-1. In most families there will be close relatives of the decedent, so it is unlikely any heir beyond the third class will inherit. However, Illinois law was designed to cover all family structures and avoid property flowing to the state.

What are the rules of descent in Illinois?

DISCLAIMER: Please Note: this page contains the statutory text of the Illinois rules of descent and distribution for intestate decedent’s probate estates. The law is constantly changing and this text may not be the most up to date. This information is not suitable for any State other than the State of Illinois.

What is the per stirpes rule in Illinois?

Illinois also uses a rule called per stirpes distribution. Understanding this rule is important to understand how property is distributed if a person that would have normally received assets died before the decedent. Under per stirpes each line of descent takes an equal share of the decedent’s estate.

How is a small estate administered in Illinois?

The estate is either administered under the Illinois Small Estate Affidavit or through the formal in-court Illinois Probate Process.