Detailed answer — nontechnical overview

When someone dies without a will, assets fall into two broad categories: nonprobate assets and probate assets. How an asset was titled determines which category applies and who gets the asset.

1. Nonprobate assets usually pass outside probate

Certain ownership arrangements and beneficiary designations override intestacy rules and move the asset directly to the named survivor(s) without going through probate. Common examples include:

• Joint accounts with right of survivorship: If a bank account or piece of property is owned as a joint tenancy with right of survivorship, the surviving joint owner generally becomes the sole owner automatically when one owner dies. Banks and title companies typically require a certified copy of the death certificate and identification to update records or pay out funds.
• Payable-on-death (POD) or Transfer-on-death (TOD) designations: A bank account or brokerage account labeled with a payable-on-death beneficiary (or an investment account with a TOD designation) will pass to the named beneficiary outside probate, once the institution confirms the owner’s death and the beneficiary’s identity.

2. Assets titled only in the deceased person’s name generally go through probate

Property titled solely in the decedent’s name (for example, a house deeded only to the decedent or a bank account in only the decedent’s name with no POD beneficiaries) is a probate asset. Illinois law controls how probate assets are distributed when there is no will. The Illinois Probate Act sets out the order of relatives who inherit under intestacy rules. See the Illinois Probate Act of 1975 (755 ILCS 5) and the intestacy provisions at 755 ILCS 5/2-1 for the statutory rules governing who inherits.

Broadly speaking:

• If the decedent is survived by a spouse and no surviving descendants (children, grandchildren), the spouse typically inherits all probate assets.
• If the decedent is survived by a spouse and descendants who are also descendants of the spouse (for example, spouse and children from that marriage), the spouse frequently inherits the entire probate estate under Illinois law.
• If the decedent is survived by a spouse and descendants who are not all descendants of the spouse (for example, children from a prior relationship), the spouse’s statutory share is different and the children share the rest. (These exact shares are governed by 755 ILCS 5/2-1.)
• When no spouse survives, the estate typically passes to descendants in equal shares per stirpes (each branch of the family takes a share).

3. Joint bank accounts — what courts and banks usually treat as binding

Two common joint-account scenarios:

1. True joint tenancy with right of survivorship: The surviving joint holder becomes sole owner automatically. Institutions normally ask for: death certificate, surviving owner’s ID, and the account agreement or bank signature card showing joint ownership.
2. Convenience or “titling only” joint accounts: Sometimes a decedent added another person to an account only for convenience (for example, to allow bill-paying). If the added name was not intended to create survivorship rights, disputes can arise. Courts may examine the account agreement, signatures, how the account was used, and evidence of the parties’ intent. When intent is unclear, the bank may freeze the account and the matter could require probate or litigation to resolve.

4. Real property that is jointly owned

If real estate is owned as joint tenants with right of survivorship, the surviving owner takes the property outside probate. If the deed conveys the property as tenants in common, the deceased owner’s share becomes part of the probate estate and passes by intestacy to heirs. Some deeds include explicit survivorship language; absent that, the deed’s wording and any recording documents determine how title passes.

5. Practical steps after a death

When a person dies intestate, follow these steps to determine who gets what and how quickly you can access funds or convey property:

• Obtain several certified copies of the death certificate from the vital records office. Banks and title companies require certified copies.
• Collect account statements, deeds, titles, and beneficiary forms. Look for POD/TOD designations and joint-tenancy language on deeds and account agreements.
• Contact each financial institution and ask what documentation they require to transfer or close accounts.
• If an asset appears to be a probate asset, contact the county probate court or an attorney to determine whether an estate administration or a simplified procedure is needed.

6. Simplified procedures and small estates

Illinois offers simplified or expedited procedures for small estates and the transfer of certain personal property. The rules and thresholds change over time. If the probate estate is small, heirs may be able to use an affidavit or summary procedure instead of a full probate case. Check the Illinois Probate Act and local court rules or consult a probate attorney to see if a simplified path exists in your situation.

7. When disputes occur

Common disputes involve whether the deceased intended survivorship, whether an account was intended as a gift, or whether a beneficiary designation is valid. If family members disagree about ownership or intent, the parties may need to file a probate case or a quiet-title action to resolve title and distribution. An experienced probate attorney can advise whether negotiation, mediation, or litigation fits your facts.

Relevant Illinois statute

Intestate succession and the basic framework for how probate assets pass are set out in the Illinois Probate Act of 1975. See the Act and the intestacy section here: Illinois Probate Act (755 ILCS 5) and the intestacy rules at 755 ILCS 5/2-1 (Intestate succession).

Hypothetical example

Maria and John own a house as joint tenants with right of survivorship. Maria also has a bank account titled only in her name and a separate joint checking account listed as “Maria & Alex (POD Alex).” Maria dies without a will.

• The house: Because Maria and John held the house as joint tenants with right of survivorship, title normally passes immediately to John outside probate. John should record a death certificate with the county recorder to show his sole ownership.
• The joint checking account with POD Alex: The bank will pay Alex as named POD beneficiary after it verifies Maria’s death and Alex’s identity.
• The bank account titled only in Maria’s name: That account is a probate asset. If Maria has a surviving spouse or children, the account balance will pass according to Illinois intestacy rules unless a nonprobate mechanism applies.

Helpful hints

• Gather titles, deeds, account agreements, beneficiary designations, and certified death certificates before meeting a bank or title company.
• Do not close or transfer accounts until the institution tells you what it requires. Improper transfers can create tax or legal problems.
• If an account is labeled jointly but you suspect it was only for the owner’s convenience, preserve records that show how the account was used and who paid into it.
• Contact the county probate court clerk to learn local forms and small-estate options if probate looks likely.
• If heirs disagree, consult a probate attorney quickly. Litigation can add cost and delay distribution of assets.
• Consider estate planning (wills, TOD/POD designations, joint tenancy where appropriate) to avoid confusion and reduce probate time for your family.