Claiming an Intestate Parent’s Estate in Illinois — What You Need to Know

Detailed Answer

When a person dies without a will in Illinois, the estate passes under Illinois intestate succession rules. The court must appoint an administrator to collect assets, pay debts, and distribute what remains to the heirs defined by statute. This section explains, step by step, how you (as an heir) can claim your share of a mother’s estate that is intestate under Illinois law.

1. Confirm the decedent’s domicile and whether a will exists

First, confirm your mother was domiciled in Illinois when she died. State law that governs intestacy is the law of domicile. Also double‑check for any will or beneficiary designations (bank TOD/POD accounts, life insurance, retirement plans) because those override intestacy for the assets they control.

2. Understand who inherits under Illinois intestacy rules

Illinois law sets a priority order for heirs: spouse, children, grandchildren, parents, siblings, and more remote relatives. The exact share you might receive depends on whether your mother was married and whether she has surviving children from the same marriage or different marriages. These rules are in the Illinois Probate Act (see 755 ILCS 5 on intestate succession).

For statutory text and the order of succession, see the Probate Act of 1975: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2101&ChapterID=60 (see generally provisions on intestate succession, cited as 755 ILCS 5/2-1 and related sections).

3. Determine whether you need formal probate

If the estate has only small personal property and no contested issues, Illinois may permit simplified procedures or collection by affidavit. For larger estates, or whenever real property is involved, someone will need to open a full estate administration (probate) in the probate court of the county where your mother lived.

See the Probate Act and local court rules for small‑estate or simplified procedures: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2101&ChapterID=60.

4. Who can start the probate and who the court likely appoints

Because there is no will, an interested person (usually a surviving spouse or an adult child) can file a Petition for Letters of Administration with the county probate court. The court generally gives priority to those in the following order: surviving spouse, children, grandchildren, then other heirs. The appointed person (administrator) receives Letters of Office to act for the estate.

5. Practical steps to claim your share

1. Collect certified copies of the death certificate (several copies).
2. Gather information on assets: bank and investment accounts, retirement plans, real estate, vehicles, safe‐deposit boxes, life insurance, and bills/loans.
3. Check for named beneficiaries and joint owners—those assets often pass outside probate.
4. If an estate administration is required, file the Petition for Letters of Administration in the probate court where your mother lived. The court will notify heirs and creditors and set hearings as required.
5. If you are appointed administrator, open an estate bank account, inventory assets, pay valid debts and taxes, and prepare an accounting. After debts and expenses are handled, distribute the remaining estate to heirs according to Illinois law.

6. Timeline and costs

Simple estates with no disputes can close in several months. Complex estates, contested inheritances, or estates with many creditors can take a year or more. Probate fees, court costs, bond and attorney fees vary by county and by the estate’s size.

7. What if family members disagree or an heir can’t be located?

If heirs dispute the administrator appointment, there may be contested hearings. If an heir cannot be found, the administrator must make reasonable efforts to locate them; the court may permit notice by publication. In some cases, the court will appoint a special representative or limit distributions until claims are resolved.

8. When you might collect directly without probate

Certain assets bypass probate entirely: joint tenancy property, accounts with payable-on-death (POD) or transfer-on-death (TOD) designations, and assets with named beneficiaries (life insurance, IRAs). If the estate consists only of such assets and no other formal administration is required, you may be able to claim your share by presenting identification, the death certificate, and a beneficiary designation to the holder.

Key legal resources

Illinois Probate Act of 1975 (official text and sections relating to intestate succession and administration): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2101&ChapterID=60

Helpful Hints

• Get multiple certified death certificates early. Many institutions require originals.
• Search for a will in common places (safe, lawyer’s office, bank safe‑deposit box, email). A formal will changes the process completely.
• Review account titles and beneficiary forms before filing anything. Beneficiary designations control those assets even if there’s no will.
• Secure physical property: change locks if necessary, protect valuables, and keep an inventory and photos.
• Keep good records. Save receipts for expenses paid from estate funds and a log of all communications with banks, companies, and potential heirs.
• Ask the probate clerk in the county court for local forms and filing requirements. Local procedure varies by county.
• Consider a brief consultation with a probate attorney if the estate includes real estate, a business interest, potential creditor claims, or family disputes. An attorney can explain bond requirements, tax filings, and distribution calculations.
• If family members are in serious dispute, consider mediation before costly litigation. Courts sometimes require or encourage alternative dispute resolution.
• Remember that creditor claims have deadlines. Do not distribute estate assets until creditor notice periods lapse or claims are resolved.

Disclaimer: This article is for general informational purposes only and does not provide legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Illinois probate attorney or the probate court clerk in the county where the decedent lived.