What Changes the Answer in IllinoisProbate assets, family structure, and the governing statute
The calculator is only meaningful once you isolate the probate estate. Beneficiary-designated accounts, trust assets, and survivorship property often never reach intestate succession at all.
Illinois follows its own default inheritance rules, so the answer depends on family structure and which assets are actually part of the probate estate.
Illinois source data cites Probate Act of 1975, Article II (Descent and Distribution), 755 ILCS 5/2-1 et seq. for this no-will inheritance screen. Verify the current statute and local court process before relying on the calculator result for a filing or distribution decision.
What drives the resultFamily structure, probate assets, and state-specific rules
Family Structure
The result depends on who survives: spouse, descendants, parents, siblings, and sometimes more remote relatives.
Probate Assets Only
Property that already transfers outside court often never reaches the state’s default inheritance rules.
State-Specific Rules
Even when family facts look familiar, the default split can change materially from one state to another.
What to Check Before Relying on the ResultWills, joint ownership, and beneficiary designations to confirm first
Confirm whether there is a valid will, whether property is jointly owned, and whether any accounts already have beneficiary designations. Those issues often matter more than people expect because they can remove property from the intestate pool altogether.
After this step, review asset structure with the estate value calculator, check non-probate transfers with the beneficiary checker, and use the Illinois courts page if the estate will still need local probate handling.
Frequently Asked Questions
Who inherits if there is no will in Illinois?
Does a surviving spouse automatically inherit everything in Illinois?
What happens to assets with no heirs in Illinois?
Does intestate succession apply to all assets?
Official Sources and Further ReadingOfficial references used for this page
- Probate Act of 1975, Article II (Descent and Distribution), 755 ILCS 5/2-1 et seq. governing intestacy statute
- Probate Act of 1975, 755 ILCS 5/, Article II (Illinois General Assembly, full text)
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.