Elective Share in Illinois
State-specific overview · Estate & Probate
Illinois awards a surviving spouse one-third of the estate if there are children, or one-half if there are no children.
How Illinois treats Elective Share
Illinois uses a sliding-scale elective share that depends on whether the deceased spouse left surviving children. If children exist, the spouse receives one-third of the net estate; if no children survive, the spouse receives one-half. This rule applies regardless of what the will states and protects spouses from complete disinheritance. The spouse must file an election within a specified period after the will is admitted to probate.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.