What Happens if You Die Without a Will in Illinois?

 Posted on May 28, 2025 in Estate Planning

In Illinois, dying without a will means that you die "intestate," and your assets are distributed per state law rather than according to your wishes. A well-crafted estate plan allows you to decide everything from who will inherit your property to how you would like to be buried. You can even include elements, such as powers of attorney, that will protect you during your lifetime. An experienced DuPage County estate planning lawyer can help you determine what documents to choose for your plan, including a will.

What Are the Illinois Intestate Succession Laws?

According to Illinois statute 755 ILCS 5/2-1, your closest surviving relatives will inherit your assets if you pass away without a will. Without surviving relatives, everything will go to the state, including bank accounts, real property, securities, and many other possessions. In theory, this may sound acceptable to many, but in practice, someone you love and count as a relative may not qualify under Illinois law and could be bypassed by the court. Creating an estate plan is the best way to prevent that from happening. 

Which Assets Are Not Passed by Intestate Succession in Illinois?

Intestate succession laws only apply to property that would pass through a will. For example, if you have a life insurance policy, the benefits do not go through probate; instead, they automatically go to the named beneficiaries. Retirement accounts, such as IRAs and 401(K)s, typically go to the parties you named in the plan. Additionally, if you own property with someone, the surviving co-owner will likely automatically take full possession of it when you pass.

When creating an estate plan, you can also include transfer-on-death and pay-on-death accounts that allow the immediate transfer of securities and bank accounts to a named beneficiary. Estate planning laws are complex and nuanced, offering many ways to distribute assets, and some are better than others. A knowledgeable attorney will help you choose what is right for you.

Who Will Receive Your Assets if You Die Without a Will in Illinois?

How your assets are distributed under intestacy laws will depend on which relatives are alive when you pass. In general, the hierarchy of distribution looks like the following:

• Unmarried with children: The estate is equally divided among the children.

• Married without children: The spouse inherits the estate.

• Married with children: The spouse inherits half, and the rest is divided equally among the children.

• No spouse, children, or siblings: Your parents inherit the estate.

• No spouse, children, or parents: Your siblings inherit the estate.

• Parents and siblings: Both receive equal shares.

In the absence of any of the listed surviving heirs, your grandparents can inherit the estate in equal shares. Several factors can complicate this process, but a will or trust allows you to name exactly who will receive your property, including non-family members.

Talk to an Oakbrook Terrace, IL Estate Planning Attorney Today

If you pass away without a proper will or estate plan, there is no guarantee that your assets and things you hold personally valuable will be distributed the way you would want. At Farooqi & Husain Law Office, we will work closely with you to build a professional relationship, allowing us to make personalized recommendations for protecting your estate and heirs. Call 630-909-9114 to speak to a DuPage County, IL estate planning lawyer about the steps you can take to ensure your wishes for your family are fulfilled when you pass away. We also offer Islamic estate planning services.