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Illinois guide
What happens if you die without a will in Illinois?
If you die without a will in Illinois, state law decides who inherits: your spouse and children first, then parents and siblings, then more distant relatives. Unmarried partners and stepchildren are generally not on the list. A court picks who runs the estate, and your own wishes are not part of the decision.
Who inherits? Pick a family
Illinois decides by a fixed list, found in the Probate Act. Choose the picture closest to your family to see how it plays out. Gold outlines show who inherits, dashed boxes show who does not.
Married, with children
Your spouse receives one-half of the estate. Your children, and the descendants of any child who has died, share the other half equally. This is true even if the children are not your spouse’s children. The picture shows two children, so each receives one-quarter. (755 ILCS 5/2-1(a))
Married, no children
When you leave a spouse and no descendants, your spouse receives the entire estate. Your parents and siblings receive nothing from assets that pass under these rules, even if they are living. (755 ILCS 5/2-1(c))
Children, no spouse
With no spouse, everything goes to your descendants. The law splits it “per stirpes,” which means a child who died before you is replaced by that child’s own children, who share the parent’s portion. Here, the living child takes one-half and the two grandchildren split the other half. (755 ILCS 5/2-1(b))
No spouse and no children
Your parents, brothers, and sisters share equally. If one parent has died, the surviving parent takes a double portion, and a deceased sibling’s children take that sibling’s share. With both parents living and two siblings, each of the four receives one-quarter. (755 ILCS 5/2-1(d))
Unmarried partner or stepchildren
The list is built from marriage, birth, and legal adoption. An unmarried partner and stepchildren are not on it, no matter how long the relationship or how close the family. Without a will, the estate passes to your closest relatives who are on the list. If no relatives can be found, it goes to the county and the State. (755 ILCS 5/2-1)
The order Illinois follows
Each step applies only if there is no one at the step above it. A spouse is the exception, because a spouse shares with children but takes everything when there are none.
- Spouse and children. One-half to the spouse, one-half to the children and their descendants.
- Children and their descendants. Everything, if there is no spouse.
- Spouse. Everything, if there are no children or other descendants.
- Parents, brothers, sisters. Equal shares; their children stand in for a deceased sibling.
- Grandparents and their descendants, split between the mother’s and father’s sides.
- Great-grandparents and their descendants, split the same way.
- Nearest other relatives. Equal shares among the closest in degree.
- The county and the State. Only if no relatives can be found.
Who is not on the list
- Stepchildren. They are not treated as children unless legally adopted. Illinois courts recognize “equitable adoption” only in narrow cases with clear and convincing proof.
- An unmarried partner. No matter how long you have lived together.
- Friends, charities, and in-laws. A will or trust is how you name them.
- Your wishes. Without a will the court follows the statute, not what you told your family.
Two lanes: what the default rules do and do not control
Even with no will, many assets never go through these rules. They pass according to the paperwork behind them.
Follows the default inheritance rules
Property in your name alone, with no named beneficiary.
- Bank account in your name only
- House or land titled only to youOften needs probate
- Car, jewelry, furniture, and other personal items
- Accounts that name “my estate” as beneficiary
Goes to the person on the paperwork
These pass whether or not there is a will.
- Joint tenancy with right of survivorship
- Payable-on-death and transfer-on-death accounts
- Retirement accounts and life insurance with a named beneficiary
- Assets already titled in a living trust
What happens in probate when there is no will
A petition is filed. With no will, there is no executor to name.
This person gathers and protects the assets. It may not be who you would have chosen.
Notice is published and mailed. The claim deadline is at least six months after first publication.
The administrator distributes what is left by the statute, and the court closes the estate.
Six months is the usual minimum. Many estates take eight months to a year or more.
An estate with personal property of $150,000 or less (not counting registered vehicles) may be able to use a small estate affidavit instead of formal probate. That can skip the court process for that property, but it does not change who receives it. The same list applies. The affidavit covers personal property only: real estate is not covered and needs probate or another transfer method. (755 ILCS 5/25-1)
Young heirs and minor children
If a child is an heir, a court-appointed guardian may be needed to manage the money, and the child may receive it outright at 18. A will lets you keep that money in a trust for longer and choose who manages it. A will is also where a parent can nominate a guardian for a minor child. A nomination that is signed and witnessed like a will is treated as valid on its face, and the court still decides based on the child’s best interests. Without a will, there is no nomination at all. (755 ILCS 5/11-5)
With a will and without one
| With a will | Without a will | |
|---|---|---|
| Who inherits | The people you name, in the shares you choose. | Your relatives, by the statute. Partners and stepchildren are left out. |
| Who runs the estate | The executor you choose, who can be excused from posting bond. | An administrator the court appoints. |
| Guardian for minor children | You can nominate one in the will. | The court decides with no nomination from you. |
| Money for young heirs | A trust or custodian you set up, with ages you choose. | A court-supervised guardianship, with money often passing at 18. |
| Family disagreements | Your written choices answer many questions up front. | The statute applies, with room for dispute among relatives. |
A will is only the first layer. A trust, powers of attorney, and up-to-date beneficiary designations cover what a will cannot, including what happens if you become unable to manage your own affairs.
Where to go from here
- See how the pieces fit with the free Family Plan Simulator. It runs in your browser and saves nothing on our servers.
- Read about estate planning at DT Law, from wills and powers of attorney to living trusts.
- Compare the plans and fees. The Foundation Plan is a flat fee.
Related life events
Sources. Illinois Probate Act of 1975, 755 ILCS 5/2-1 (descent and distribution), 5/25-1 (small estate affidavit), 5/18-3 (notice to creditors), and 5/11-5 (guardian nominations). Statute text checked October 2026.
Common questions
I am married with children. Who inherits if I have no will?
Under the Illinois Probate Act, your spouse receives one-half of your estate and your children (and the descendants of any child who has died) share the other half. This applies even if the children are not your spouse’s children.
If I am married with no children, does my spouse get everything?
Yes. If you leave a spouse and no descendants, Illinois law gives the entire estate to your spouse. Your parents and siblings receive nothing from the assets that pass under these rules, even if they are living.
Do my stepchildren or unmarried partner inherit if I have no will?
Generally no. The Illinois list is built from marriage, birth, and legal adoption. Stepchildren and unmarried partners are not on it. Courts recognize “equitable adoption” only in narrow cases and require clear and convincing proof, so it is not something to rely on.
Who runs my estate if I have no will?
A court appoints a personal representative, called an administrator when there is no will. With a will, you choose the executor yourself and can ask that no bond be required. The administrator gathers assets, notifies creditors, pays debts, and distributes what is left under the statute.
What if I have no living relatives?
If no spouse and no known relatives can be found, Illinois law sends the estate to the county and the State. Real estate goes to the county where it is located, and other property goes to the county or the State Treasurer as unclaimed property.
Do bank accounts with a beneficiary and jointly owned property follow these rules?
No. Assets that pass by contract or title, such as joint tenancy with survivorship, payable-on-death accounts, and retirement accounts or life insurance with a named beneficiary, go to the person on the paperwork. The default inheritance rules apply to what is left in your name alone.
Rather decide for yourself?
A consultation is the place to talk through your family, what the default rules would do, and what a plan could change. Nothing is finalized until we have talked.
This page is general information about Illinois law and is not legal advice. It does not create an attorney-client relationship. Your situation may differ, and laws change. See the Disclaimer. Last updated October 2026.