Intestate Succession in Illinois
State-specific overview · Estate & Probate
Illinois gives the surviving spouse the entire estate if no descendants exist, or one-third if children are present.
How Illinois treats Intestate Succession
Under Illinois law, a surviving spouse inherits the entire estate when there are no children or lineal descendants. If the deceased has children, the spouse receives one-third of the estate, and the children divide the remaining two-thirds equally. If there is no surviving spouse, the estate passes to children equally, then to parents, then to siblings. Illinois follows the Uniform Probate Code framework for determining heirship.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.