Who inherits with no will in illinois is decided by a state statute, not by what your family assumed you wanted. When someone dies without a valid will, Illinois law calls that dying “intestate.” The Illinois Probate Act of 1975, at 755 ILCS 5/2-1, then sets a fixed order of heirs. A judge does not get to choose. The statute simply names who takes, and in what fractions.
For many grieving families, this comes as a shock. A spouse may expect everything and receive only half. A long-term partner who was never married may receive nothing at all. Understanding the rules early helps you plan ahead, or settle an estate now without guessing. Below is a plain-English walk through those rules, with the exact shares Illinois uses.
What “intestate” really means in Illinois
Intestate simply means dying without a valid will. Probate is the court process that pays final debts and transfers what is left. When there is no will, the court appoints an “administrator” instead of an executor. An executor is named in a will; an administrator is chosen by the court under 755 ILCS 5/9-3. The surviving spouse, or someone the spouse nominates, has first preference.
To serve, a person must be at least 18, a U.S. resident, of sound mind, and not a convicted felon (755 ILCS 5/9-1). However, not everything goes through probate. Life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, and jointly titled homes usually pass outside the estate. As a result, the intestacy statute only controls the assets that were in the decedent’s name alone.
That distinction matters. A family may worry about who inherits with no will in illinois and later learn that most of the money already had a beneficiary attached. Typically, the probate estate is smaller than people expect.
Who inherits with no will in Illinois: the exact shares
Section 2-1 lays out the order plainly. Illinois uses “per stirpes,” which means a deceased child’s share drops down to that child’s own children in equal parts. For example, if you had three children and one died before you leaving two kids, those two grandchildren split their parent’s one-third.
| Who survives | Illinois intestate share (755 ILCS 5/2-1) |
|---|---|
| Spouse and descendants | 1/2 to spouse, 1/2 to descendants per stirpes |
| Descendants, no spouse | 100% to descendants per stirpes |
| Spouse, no descendants | 100% to the surviving spouse |
| No spouse or descendants | Equal parts to parents and siblings; a sole surviving parent takes a double portion |
| No parents or siblings | Half to maternal grandparents’ line, half to paternal grandparents’ line |
| No heirs at all | Real estate escheats to the county; personal property to the county of residence |
Two family members are commonly missed. Unmarried partners inherit nothing under Illinois intestacy, no matter how long the relationship lasted. Stepchildren who were never legally adopted also inherit nothing. In most cases, legally adopted children inherit exactly like biological children.
Illinois also protects the immediate family before heirs are paid. The spouse’s award under 755 ILCS 5/15-1 is at least $20,000, plus at least $10,000 more for each child the spouse supports. A minor or dependent child’s award under 5/15-2 is at least $10,000. These come off the top, ahead of most creditors.
Steps to take now, whichever side you are on
If you are settling an estate, start by listing assets that were titled in the decedent’s name alone. If the personal property totals $150,000 or less, you may be able to skip probate entirely. Public Act 104-0346 raised the small estate affidavit limit from $100,000 to $150,000 for deaths on or after August 15, 2025 (755 ILCS 5/25-1). Vehicles registered with the Secretary of State no longer count toward that cap. However, Illinois real estate held solely in the decedent’s name cannot pass by this affidavit.
Watch the deadlines. Once an estate is opened, the representative publishes notice for three straight weeks, and creditors get at least 6 months from first publication, or 3 months from mailing, whichever is later (755 ILCS 5/18-12). All claims are barred 2 years after death regardless. Also check the Illinois estate tax: the state exclusion is $4,000,000 under 35 ILCS 405/2 and is not indexed for inflation, so it is far below the federal figure. The Illinois Attorney General administers it.
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If you are planning ahead, the fix is straightforward. A valid Illinois will must be in writing, signed by you, and attested by 2 credible witnesses (755 ILCS 5/4-3). Naming beneficiaries on accounts and reviewing how your home is titled can help just as much. Your county circuit clerk’s website has probate forms, and the Illinois Courts self-help portal is free. For anything complicated, check with your local circuit court or a licensed Illinois attorney.
Frequently Asked Questions
Does my spouse automatically get everything if I die without a will?
Not if you have children or grandchildren. In that case, Illinois generally splits the estate 50/50 between your spouse and your descendants. However, if you have no descendants, your spouse takes the entire intestate estate.
Can my unmarried partner inherit anything?
Under Illinois intestacy, no. The statute lists spouses, descendants, parents, siblings, and grandparents’ lines only. For example, a partner of 30 years receives nothing unless you name them in a will, a trust, or as a beneficiary on an account.
What happens if nobody in my family survives me?
Illinois looks outward through grandparents and great-grandparents first. Typically, some relative is found. If truly no heir exists, real estate passes to the county where it sits, and other property to the county where you lived.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.