Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Intestate Succession Basics in Illinois
When a person dies without a valid will in Illinois, the Illinois Probate Act (755 ILCS 5/2-1) governs the distribution of the estate. The Act establishes a hierarchy of heirs based on their relationship to the decedent. If no spouse survives, the estate moves directly to the decedent’s descendants.
Distribution When No Spouse and Two Children
If there is no surviving spouse but there are surviving descendants, the entire estate passes to those descendants by representation (per stirpes). With two children and no spouse, each child inherits an equal share—50% of the net estate after debts, taxes, and administrative expenses.
This equal division applies to all probate assets, including real property, bank accounts, investments, and personal belongings. The personal representative must pay valid claims before distributing each child’s share.
Helpful Hints
- Verify each heir’s identity with certified birth certificates or adoption records.
- Prepare a full inventory of assets and liabilities before petitioning for probate.
- File a probate petition in the circuit court of the county where the decedent resided.
- Appoint a personal representative (executor) to manage estate administration.
- Maintain clear records of all transactions and distributions.
- Seek guidance from a probate attorney for complex estates or creditor disputes.