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Illinois Intestate Succession
Pillar GuideIllinois10 min read

Illinois Intestate Succession

Who inherits under Illinois intestate succession: a spouse alone takes everything, and a spouse and descendants split the estate half and half per stirpes.

By Settled Editorial

When an Illinois resident dies without a will, the Probate Act of 1975 decides who inherits. The rules of descent and distribution sit in 755 ILCS 5/2-1. A surviving spouse with no children or other descendants takes the whole estate. A decedent who leaves a descendant splits the estate one-half to the surviving spouse and one-half to the decedent's descendants per stirpes. With no spouse, the descendants take everything.

This guide answers who inherits, not how to open the estate. To appoint an administrator and walk the steps of a no-will estate, read the Illinois probate guide. To see a spouse's protections that sit outside the intestate share, read surviving spouse rights in Illinois. Making a valid will is the way to replace these defaults with your own plan, and the Illinois will requirements guide shows what the state asks for.

What Intestate Succession Covers

Dying without a will is called dying intestate. When that happens, no will names the heirs, so the statute does. The rules run in a fixed order of family classes under 755 ILCS 5/2-1, and they reach only probate property.

Probate property means assets that pass through the estate. Anything with a named beneficiary, joint tenancy with right of survivorship, a payable-on-death or transfer-on-death tag, or trust ownership passes outside intestacy and does not follow these rules. So a life insurance policy with a named beneficiary, or a joint bank account with survivorship, goes to that person no matter what the descent rules say. To see which assets skip probate, read how to avoid probate in Illinois.

One more point comes off the top. The statute distributes the estate only "after all just claims against his estate are fully paid," so valid debts and expenses are settled before the shares below are figured.

The Surviving Spouse's Share

The spouse's share under 755 ILCS 5/2-1(a) and (c) turns on one fact: whether the decedent left a descendant.

Family situationSurviving spouseDescendants
Spouse, no descendantsEntire estateNone
Spouse and one or more descendantsOne-halfOne-half, shared per stirpes

Here is the part that surprises people. Illinois applies the same half-and-half split whether or not the children are also the surviving spouse's children. A child from a prior relationship does not shrink or enlarge the spouse's one-half. Many states change the spouse's cut when a stepchild is in the picture. Illinois does not.

Intestacy is only one path for a spouse. A surviving spouse can also claim the spouse's award and, against a will, the renunciation share. The surviving spouse rights guide compares those options.

When There Is No Surviving Spouse

With no surviving spouse, or for any part that does not pass to one, the estate descends through a fixed order of classes under 755 ILCS 5/2-1(b) and (d) through (h). Each class must be empty before the next one inherits.

  1. Descendants. The decedent's children and their descendants take the whole estate per stirpes.
  2. Parents and siblings, together. With no descendant, the estate splits in equal parts among the decedent's parents and siblings. A surviving parent takes a double portion when the other parent has died. A deceased sibling's descendants step into that sibling's place per stirpes.
  3. Grandparents and their descendants. With none of the above, one-half passes to the maternal grandparents or their descendants and one-half to the paternal grandparents or their descendants. If one side has no taker, the whole passes to the other side.
  4. Great-grandparents and their descendants. The maternal and paternal great-grandparent lines split the estate the same way.
  5. Nearest kindred. With no closer class, the estate passes in equal parts to the nearest relatives in equal degree, counted by the rules of the civil law, and without representation.
  6. Escheat. With no spouse and no known kindred, the estate splits three ways under 2-1(h). Real estate passes to the county where it sits. Personal property physically located in Illinois, and out-of-state personal property that is the subject of an Illinois ancillary administration, passes to the county where the decedent lived, or, for a nonresident, to the county where the property is located. All other personal property passes to the State of Illinois through the State Treasurer under the Revised Uniform Unclaimed Property Act.

If a class has a living member, the search stops there. The estate does not skip a living parent to reach a sibling, and it does not skip a living grandparent to reach a cousin.

Representation: How a Deceased Heir's Branch Passes Down

When an heir who would have inherited dies before the decedent but leaves descendants, those descendants step into that heir's place. Illinois runs this per stirpes, meaning by branch of the family.

Say a decedent with no spouse had three children, and one child died first, leaving two children of their own. The estate divides into three equal shares. The two living children each take one-third. The deceased child's one-third passes to that child's two children, who split it, so each grandchild takes one-sixth. The two grandchildren do not each take a full child's share. They divide the single share their parent would have received.

Per stirpes reaches every class that names descendants, from a deceased child down to a deceased great-grandparent's line. The last class is the exception. Once the estate reaches the nearest kindred in equal degree under subsection (g), it divides among them without representation, so a more distant relative's descendants do not step in at that final stage.

Half-Blood Relatives Inherit Equally

When collateral relatives inherit, such as siblings, aunts, uncles, or cousins, some states cut a half-blood relative's share in half. A half-blood relative shares only one parent with the connecting ancestor, such as a half-sibling who shares one parent with the decedent.

Illinois takes the opposite approach. The closing line of 755 ILCS 5/2-1 reads: "In no case is there any distinction between the kindred of the whole and the half blood." So a half-sibling inherits the same share as a full sibling in the same class. Do not apply a half-share rule you may have read for another state.

Rules That Can Change Who Inherits

Several rules sit alongside the descent classes and can shift the final math.

Posthumous children. Under 755 ILCS 5/2-3, a child in utero at the decedent's death who is later born takes the same share as a child born during the decedent's lifetime. A child conceived after death from the decedent's gametes inherits only on tighter conditions, including birth within 36 months, written consent to posthumous parentage, and timely written notice to the estate.

Adopted children. Under 755 ILCS 5/2-4, an adopted child is a descendant of the adopting parent for inheritance from that parent and from the adopting parent's relatives. One narrow exception applies to a person adopted after turning 18 who never lived with the adopting parent before turning 18. That person still inherits from the adopting parent, but not from the adopting parent's other relatives.

Children born out of wedlock. Under 755 ILCS 5/2-2, when the decedent was born out of wedlock, a parent inherits from that child only as an eligible parent, one who acknowledged the child, built a parental relationship, and supported the child during life. A parent who does not meet that test is treated as having died before the decedent.

Advancements. A lifetime gift can count against an heir's share. Under 755 ILCS 5/2-5, a gift counts as an advancement only when the decedent expressed it in writing or the recipient acknowledged it in writing. When it counts, the gift is added back to the estate on paper, the heir's proper share is figured against that total, and the earlier gift counts toward the share. The heir never has to refund a gift that turns out larger than the share.

A person who caused the death. Under 755 ILCS 5/2-6, a person who intentionally and unjustifiably causes the decedent's death receives nothing by reason of that death and is treated as having died first.

Spouse Protections Beyond the Intestate Share

Illinois abolished dower and curtesy under 755 ILCS 5/2-9, so a spouse's protection comes from three other places: the intestate share above, the spouse's award, and the renunciation right.

The spouse's award is a cash allowance for support during the first months of administration, and it comes ahead of most claims. The Illinois spouse and child award guide works through the amount and how to claim it.

The renunciation right applies when there is a will, not in a pure intestate estate. Under 755 ILCS 5/2-8, a surviving spouse can renounce the will and take one-third of the estate if the decedent left a descendant, or one-half if not, by filing a signed renunciation within 7 months after the will is admitted to probate.

How the Pieces Fit Together

Use this sequence to read an Illinois intestate distribution:

  1. Separate probate property from assets that pass by beneficiary, survivorship, or trust. Only probate property follows these rules.
  2. Settle valid claims and expenses, since the shares apply to what remains.
  3. Apply the spouse's share under 2-1(a) and (c): the whole estate with no descendant, or one-half with a descendant and one-half to the descendants per stirpes.
  4. Send any part that does not pass to a spouse down the class order in 2-1(b) and (d) through (h).
  5. Divide a deceased heir's branch per stirpes, and treat half-blood relatives the same as whole-blood relatives.
  6. Adjust for posthumous children, adopted children, eligible-parent rules, advancements, and the person-causing-death bar where they apply.

Confirm the family tree, the asset titles, and the county file with the Illinois probate court before anyone distributes property. Whoever serves the estate still files through the court and follows the steps in the first steps after a death in Illinois guide.

When to Bring in an Illinois Attorney

Some intestate estates are simple to map from the statute. Others need a licensed Illinois attorney, above all when:

  • a deceased heir's branch raises a question about who steps in
  • the eligible-parent test or a posthumous or adopted child affects the class
  • an advancement changes how much an heir keeps
  • an heir cannot be found, or the family tree is unclear
  • real estate must be sold to pay the estate's debts

This guide helps you organize the source-backed shares and the questions to ask. A licensed Illinois attorney can advise on rights, disputes, and signing decisions for a specific estate. This is general information about Illinois estates, not advice for your situation.

To see how these rules divide a specific estate, use the Illinois inheritance calculator and model who inherits when there is no will.

Sources:

It is not legal advice.

Information current as of July 18, 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.

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