{"id":373174,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/what-happens-when-someone-dies-without-leaving-a-will-in-illinoi.html"},"modified":"2016-06-20T19:51:16","modified_gmt":"2016-06-21T00:51:16","slug":"what-happens-when-someone-dies-without-leaving-a-will-in-illinoi","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/what-happens-when-someone-dies-without-leaving-a-will-in-illinoi.html","title":{"rendered":"What Happens When Someone Dies Without Leaving a Will in Illinois?"},"content":{"rendered":"\n
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What Happens When Someone Dies Without Leaving a Will in Illinois?<\/h1>\n
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Uncle Charlie has just passed away. Your family has searched everywhere for his will or a copy of his will — but your efforts have been to no avail. It\u2019s not at his home, and there is no evidence that Uncle Charlie had a safety deposit box. You\u2019ve even called all of the local law offices, but none of them have found anything to indicate Uncle Charlie ever wrote a will. What happens if he doesn’t have a will? Does everything go to the state?<\/p>\n

Read on to learn about what happens to someone\u2019s property in Illinois if he or she dies without leaving a will.<\/p>\n

What Is Intestate Succession?<\/h2>\n

When someone dies without making a valid will, they are said to have \u201cdied intestate<\/a>.\u201d In this situation, the state steps in to distribute the property of the deceased person (decedent<\/a>) according to intestacy<\/a> laws enacted by the legislature. In essence, Illinois has established a \u201cdefault\u201d will to determine how property should be distributed when someone has not made a will. Rest assured, an individual’s property does NOT<\/b> automatically go to the state. Instead, the law provides that it shall pass to the \u201cheirs\u201d of the decedent. But just who is considered an \u201cheir\u201d in the State of Illinois?<\/p>\n

How is Property Distributed Under Illinois Intestacy Laws?<\/h2>\n

In most cases, intestate succession descends<\/i> the decedent\u2019s family tree, distributing property to the decedent\u2019s spouse and \u201cdescendants\u201d (i.e. children, grandchildren, etc.). For example, in Illinois, property is distributed in the following manner:<\/p>\n