Understanding Illinois Intestate Succession Without a Spouse
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies without a valid will in Illinois, the distribution of their estate follows the Illinois Probate Act of 1975. Under 755 ILCS 5/2-1, if the decedent leaves no surviving spouse, the entire estate goes to their descendants (children and their issue).
Statutory Framework
Illinois law sets out intestate succession in 755 ILCS 5/2-1. You can review the statute here: 755 ILCS 5/2-1.
Who Inherits with No Spouse and Three Children?
- With no surviving spouse, the estate passes entirely to the decedent’s children.
- Each of the three children inherits an equal share of the estate.
- In this scenario, each child would receive one-third (1/3) of the probate estate.
What If a Child Predeceased the Decedent?
If one of the children had died before the decedent, but left their own children (the decedent’s grandchildren), that branch of the family would inherit the deceased child’s share by representation. Those grandchildren would split that one-third share equally.
Probate Process Overview
- File a petition for probate in the circuit court where the decedent lived.
- Identify and notify all heirs and potential creditors.
- Inventory and value the decedent’s assets.
- Pay valid debts and taxes.
- Distribute the remaining assets to the heirs per 755 ILCS 5/2-1.
Helpful Hints
- Identify all potential heirs early to avoid delays in probate.
- Gather asset documentation: bank statements, deeds, titles, and investment accounts.
- Consider using a small‐estate affidavit (735 ILCS 5/18-201) if the estate qualifies.
- Keep clear records of all probate filings and notices served.
- Consult a probate attorney if complex assets or disputes arise.