When you die and there is no will

What Happens in Illinois If You Die Without a Will?

When someone dies without a will, they are said to have died “intestate.” In Illinois, as in other states, the distribution of a deceased person’s assets is governed by specific laws known as intestacy laws. These laws determine who inherits the estate based on the relationship to the deceased, rather than personal wishes that would typically be outlined in a will. If you’re curious about what happens in Illinois if you die without a will, here’s a detailed breakdown:

1. Understanding Intestate Succession:

Intestate succession laws in Illinois aim to distribute the deceased’s estate in a way that aligns with what the average person might have chosen. However, without a will, there is no guarantee that the distribution will reflect the deceased’s true intentions.

2. Distribution Hierarchy:

The Illinois Probate Act outlines the order of priority for distributing an intestate estate:

• Spouse and Descendants: If the deceased leaves behind a spouse and children, the estate is divided equally, with the spouse receiving half and the children sharing the other half.
• Spouse Only: If there are no children, the surviving spouse inherits the entire estate.
• Children Only: If there is no surviving spouse, the children inherit the estate equally.
• Parents and Siblings: In the absence of a spouse and children, the estate is divided between the deceased’s parents and siblings.
• Extended Family: If no immediate family members are alive, the estate may be distributed to more distant relatives such as grandparents, aunts, uncles, or cousins.

3. Special Circumstances:

• Adopted Children: Legally adopted children are treated the same as biological children under Illinois intestacy laws.
• Stepchildren: Stepchildren do not automatically inherit unless legally adopted by the deceased.
• Children Born Outside of Marriage: These children can inherit from their biological parents as long as paternity is established.

4. State Involvement:

If no relatives can be found, the estate may eventually escheat to the state of Illinois. This means the state assumes ownership of the assets.

5. Appointment of an Administrator:

Without a will, there is no executor named to manage the estate. Instead, the court appoints an administrator to handle the estate affairs. This person is often a family member but could also be a creditor or another interested party. One of the biggest issues in Illinois is that except for in a unique situation, the Executor generally has to purchase a bond that is twice the value of the assets of the estate, and has to show this bond to the court.

6. Importance of Having a Will:

Dying without a will can lead to unintended outcomes, prolonged legal processes, and potential family disputes. Creating a will allows you to specify your wishes clearly, designate a trusted executor, and ensure that your assets are distributed according to your preferences.

Conclusion:

While Illinois intestacy laws provide a structured approach to estate distribution, they may not align with your personal wishes. To have control over what happens to your assets after you pass, it’s essential to draft a comprehensive will. Consulting with an estate planning attorney can help you navigate this process and ensure that your legacy is preserved according to your desires.