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When someone dies without a will in Illinois, the court does not leave the estate in limbo. Instead, it follows a legal process known as intestate succession. This process determines how the deceased person’s property will be divided among their relatives. Without a valid will, the state controls who receives what, regardless of the person’s actual wishes or relationships.
Understanding what happens without a will can help you see why estate planning is so important. Here is what you need to know if someone passes away without leaving clear instructions.
Probate Without a Will in Illinois
Probate is the legal process of managing and distributing a person’s estate after death. In cases where there is a will, the probate court uses it as a guide. But when there is no will, the court must rely entirely on state law.
If no executor is named in a will, the court will appoint an administrator. This person has many responsibilities. They must gather and inventory the deceased person’s assets, pay off debts and taxes, and distribute what remains to the legal heirs. The process can be time-consuming, expensive, and stressful for surviving family members, especially when there is no clear plan to follow.
Without a will, the probate process can also invite disputes. Relatives may disagree on who should serve as the administrator, or who is entitled to certain property. These disagreements can delay resolution and add emotional strain during an already difficult time.
How Illinois Intestacy Laws Work
When someone dies without a will, Illinois law outlines exactly how their property must be distributed. These rules are strict and based solely on legal relationships, not personal preference or past conversations.
For example:
- If the person was married and had no children, the spouse receives the entire estate.
- If the person had children but no spouse, the children divide the estate equally.
- If there is both a spouse and children, the estate is split evenly between them.
- If no spouse or children survive, the estate may go to parents, siblings, nieces, nephews, or more distant relatives.
These rules may seem logical, but they do not account for unique family dynamics. A close friend, long-term partner, or stepchild will not receive anything if they are not legally recognized under state law. Without a will, you lose the ability to choose who receives your property and how.
Risks of Dying Without a Will
Dying intestate also means you have no control over who manages your estate. The court decides who will serve as administrator. While it is usually a close family member, this person may not be the one you would have chosen. You also miss the opportunity to make specific gifts or set up plans for minors or loved ones with special needs.
Another concern is the lack of privacy. Probate is a public process. With no will in place, all decisions and distributions are handled through the court, and that information becomes part of the public record.
How to Protect Your Estate
Making a will allows you to make your own decisions about your estate. You can choose who receives your property, name a trusted executor, and create a smoother process for your loved ones. Many people also use trusts and other planning tools to avoid probate altogether.
If you want to protect your assets, avoid unnecessary court involvement, and spare your family from added stress, creating an estate plan is the best place to start.
Talk to an Illinois Estate Planning Attorney
If you have questions about what happens without a will, or you are ready to create a plan for the future, we are here to help. At Bielski Chapman, LTD., we guide individuals and families through the estate planning process with clarity and care.
To schedule a free 15-minute consultation, call our office at (312) 583-9430 today or schedule online.