Dying without a will · Illinois
What happens if you die without a will in Illinois
Verified June 7, 2026
Who inherits in Illinois
When someone dies intestate — without a valid will — Illinois law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse only (no descendants) | Spouse inherits the entire estate. |
| Spouse and children (any relationship) | One-half to the spouse; one-half to the decedent's descendants per stirpes. Illinois does not adjust this split based on whether the children are also the spouse's children. |
| Children but no spouse | Entire estate to the decedent's descendants per stirpes. |
| No spouse or descendants | Entire estate to parents and siblings in equal shares; a surviving parent receives a double share if the other parent is deceased; descendants of a deceased sibling take that sibling's share per stirpes. |
| No spouse, descendants, parents, or siblings | Estate passes to the nearest degree of kindred; if none, it escheats to the State of Illinois. |
Illinois is a common-law (equitable distribution) state — there is no community property. One notable feature: unlike many states, Illinois gives the spouse an equal half-share of the estate regardless of whether the children are also the spouse's children. The spouse never receives more than half when there are surviving descendants, but also never less.
If no relatives can be found at all, the estate escheats to the State of Illinois. Non-probate transfers — beneficiary designations, joint tenancy, and trust assets — fall outside these rules.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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