Detailed Answer: Your rights as a surviving spouse in Illinois when your spouse died without a will

Short answer: As a surviving spouse in Illinois, you have clear legal rights to inherit under the Illinois Probate Act of 1975, to petition the probate court to administer the estate, to receive short-term support during administration, and to control certain immediate matters (such as funeral arrangements) ahead of other relatives. If family members are excluding you from decisions, you can ask the probate court to enforce your rights and remove or limit anyone acting improperly.

How Illinois law treats an estate when there is no will (intestate succession)

When someone dies without a valid will, Illinois law (the Illinois Probate Act of 1975, 755 ILCS 5/) determines who inherits. The surviving spouse is a primary heir under that statute. Exactly how much you inherit depends on whether the decedent left descendants (children, grandchildren) and whether those descendants are also your descendants.

If the decedent left no descendants (no children or grandchildren) or left descendants who are all also your descendants, the spouse typically inherits the entire estate.
If the decedent left descendants who are not descendants of the surviving spouse (for example, children from a prior relationship), the surviving spouse still gets a significant share under Illinois intestacy rules; the statute provides the formula for the spouse’s share.

For the governing statute, see the Illinois Probate Act (755 ILCS 5/), which sets out intestate succession and related rules: Illinois Probate Act of 1975 (755 ILCS 5/).

Your immediate legal roles and powers

When a person dies, the estate generally needs a court-appointed personal representative (called an administrator when there is no will). As the surviving spouse you generally have:

Priority to be appointed administrator (personal representative). The probate court typically gives preference to the spouse to manage the estate and make decisions about estate property and debts, subject to the court’s review.
The right to receive a family allowance (short-term support) from the estate during probate. This helps the surviving spouse maintain reasonable living expenses while the estate is administered.
The right to exempt property (limited household items, car, personal effects) and certain homestead protections under Illinois law.

What you can do if the decedent’s family is excluding you

If relatives try to cut you out of decisions, you have immediate legal options:

File a petition for appointment as administrator in the probate court of the county where the decedent lived. The court issues “letters of administration” that give the administrator legal authority over estate assets and transactions. When you are appointed, others must deal with you, not act unilaterally.
Ask the court for temporary relief if family members are dissipating assets, selling property, or making decisions that injure the estate. You can request emergency orders to freeze estate assets or to stop transfers until the court decides.
Seek a court order determining heirs and property rights. The probate court can formally declare who inherits and in what shares if there’s a dispute over intestacy.
Demand accounting and challenge improper actions. If someone is acting as an administrator (or is controlling assets) without legal authority, you can ask the court to compel an accounting, remove that person, and seek damages for wrongful conversion.
Control of disposition of remains. In practice, funeral directors and hospitals look to the surviving spouse as the priority decision-maker about disposition of the body. If relatives try to override you, provide your marriage certificate and insist the funeral director follow your direction; if needed, involve law enforcement and the probate court.

What the probate process typically looks like

Steps you will likely face:

File a death certificate and petition for letters of administration with the county probate court where the decedent resided.
Give notice to potential heirs and creditors as the court requires.
Identify and inventory estate assets, pay valid debts and taxes, and distribute the balance according to Illinois intestacy rules.
If the spouse is appointed administrator, follow fiduciary duties—act in the estate’s best interest and keep accurate records.

Practical evidence and timing

To protect your rights, gather documents quickly: your marriage certificate, the decedent’s death certificate, bank statements, property deeds, titles, and records of any transfers or gifts. Act fast: probate timelines, creditor claim periods, and potential asset transfers make prompt court action important.

When to get a lawyer

If the family is actively excluding you, taking or hiding assets, or refusing to cooperate, consult a probate attorney promptly. An attorney can help you file the correct petitions, request emergency relief, and represent you in court. Even if you intend to serve as administrator, legal help often speeds the process and reduces mistakes.

Relevant statute reference

The primary governing law is the Illinois Probate Act of 1975 (755 ILCS 5/). You can review the Act at the Illinois General Assembly website: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=62. That Act contains the intestacy rules, rules on appointment of administrators, allowances for surviving family, and related probate procedures.

Disclaimer

This article explains general Illinois law and common probate procedures but is not legal advice. Laws and facts vary. For advice tailored to your situation, consult a licensed Illinois probate attorney.

Helpful Hints

Keep copies of all documents: marriage certificate, death certificate, titles, bank statements, and correspondence with family members or funeral directors.
Contact the county probate court clerk where your spouse lived and ask about filing for letters of administration and emergency orders.
If someone is moving or refusing to turn over assets, take photos, preserve records, and note dates and witnesses—this evidence helps in court.
Act quickly to file for administrator status—delays can allow others to take control or dissipate assets.
Ask the funeral director to record who authorized arrangements; often they require written authorization from the person with legal priority.
Be prepared to provide notice to heirs and creditors; the probate clerk can explain required forms and timelines.
Consider a consultation with an experienced probate attorney even if you hope to handle the estate yourself—many attorneys offer limited-scope consultations or flat-fee help for initial filings.