Detailed Answer
When someone dies in Illinois without a valid will, their estate passes under the State’s intestacy laws. These rules appear in the Illinois Probate Act at 755 ILCS 5/2-1 (link). Intestate succession determines who inherits and in what share.
1. Opening Probate and Appointment of Administrator
An interested party (often a surviving spouse or next of kin) must file a petition in the circuit court of the county where the decedent lived. The court issues letters of office to an administrator, who collects assets, pays debts and taxes, and distributes the remainder per intestacy rules.
2. Order of Priority Under 755 ILCS 5/2-1
The statute sets a hierarchy of heirs:
- Surviving Spouse Only: If there are no descendants or parents, the spouse inherits everything.
- Spouse and Descendants (All Common to Spouse): The spouse takes the first $100,000 plus half of the balance; children share the remainder equally.
- Spouse and Descendants (Some Not Common): The spouse receives half of the net estate; descendants share the other half.
- No Spouse but Descendants: Children and further descendants share the entire estate by representation.
- No Spouse or Descendants but Parents: Parents inherit equally or the survivor takes all.
- Other Relatives: If no parents, distribution extends to siblings, nieces and nephews, and more remote kin.
- No Heirs Found (Escheat): If no heir exists, the estate escheats to the State of Illinois.
3. Special Situations
amily Allowance: The court may grant a spouse or minor child a family allowance from estate assets to cover living expenses during probate. See 755 ILCS 5/18-1 (link).
amily Home: Illinois law may protect a family home from forced sale for certain periods. See 755 ILCS 5/18-4 (link).
Helpful Hints
- Gather certified copies of the death certificate before filing probate paperwork.
- Identify and secure all assets: real estate, bank accounts, retirement plans, and personal belongings.
- Locate and verify legal heirs, keeping careful records of birth, marriage, or adoption certificates.
- Consult with the county clerk’s office to understand filing fees and probate procedures.
- Consider the small-estate affidavit process for estates under $100,000 in personal property to streamline administration.
- Keep detailed records of all transactions: asset sales, distributions, and administrative expenses.
- Communicate clearly with potential heirs to minimize disputes and speed up the process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific situation.