What happens if you die without a will in Illinois?
When an Illinois resident dies without a will, 755 ILCS 5/2-1 decides who inherits: if there is a surviving spouse and descendants, half of the estate goes to the spouse and half to the descendants. If a minor child needs a guardian and no will names one, a court makes the appointment under 755 ILCS 5/11-5 according to the child's best interest.
The statute decides who inherits
Dying without a will is called dying intestate. In Illinois the Probate Act supplies the plan the person did not write. The rules of descent and distribution in 755 ILCS 5/2-1 apply after all just claims against the estate are fully paid.
If there is a surviving spouse and also a descendant, the spouse receives half of the entire estate and the descendants receive the other half, per stirpes. If there is a surviving spouse but no descendant, the entire estate goes to the spouse. If there are descendants but no surviving spouse, the entire estate goes to the descendants.
When there is no spouse and no descendant
The statute then looks to the decedent's parents, brothers and sisters, who take the entire estate in equal parts. If one parent has died, the surviving parent takes a double portion. The descendants of a deceased brother or sister take the share that sibling would have received.
If none of those relatives survive, the estate passes to grandparents and their descendants, then to great-grandparents and their descendants, and then to the nearest kindred. If there is no surviving spouse and no known kindred, the property escheats, with real estate going to the county in which it is located. The statute draws no distinction between relatives of the whole blood and the half blood.
Who is appointed guardian of minor children
A parent can name a guardian in a will. Without one, the question goes to a court. Under 755 ILCS 5/11-5, the court may appoint a guardian of a minor on a petition or on its own motion, as it finds to be in the best interest of the minor.
A surviving parent usually comes first. The court lacks jurisdiction to proceed on a guardianship petition when the minor has a living parent whose whereabouts are known and who is willing and able to make and carry out day-to-day child care decisions, subject to exceptions listed in the statute.
A minor who is 14 or older may nominate a guardian, subject to approval of the court. Any guardian must meet the qualifications in 755 ILCS 5/11-3, which include being at least 18 years old and a resident of the United States.
Who handles the estate
With no will there is no named executor. 755 ILCS 5/9-3 sets an order of preference for who may serve as administrator. The surviving spouse, or a person the spouse nominates, is first in that order.
What a will changes
A will replaces the statutory shares with the person's own choices. It also lets a parent speak on guardianship. Section 11-5 allows a parent to designate a guardian in any writing, including a will, and that designation does not affect the rights of the other parent in the minor.
The Illinois Family Plan from Hart David Carson LLP includes a will naming a guardian and both Illinois statutory powers of attorney. The fee is $1,250 for one person or $1,750 for a couple if engaged by December 31, 2026, for Illinois residents only. The first call is free.
About this page
The statutes cited here were checked in November 2026. This page is general information and is not legal advice about any estate or family.
Sources
Each figure and rule above comes from the official source listed here, read in November 2026. Fees and statutes change, so confirm the current figure with the state before you file.
- 755 ILCS 5/2-1 ilga.gov
- 755 ILCS 5/11-5 ilga.gov
- 755 ILCS 5/11-3 ilga.gov
- 755 ILCS 5/9-3 ilga.gov
This guide is general information, not legal advice, and reading it does not create an attorney-client relationship.
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Frequently asked
Does a surviving spouse inherit everything in Illinois?
Only when there is no descendant. Under 755 ILCS 5/2-1, a surviving spouse takes the entire estate if the decedent left no descendant, and half of the estate if there is a descendant.
Who becomes guardian of a minor child if no will names one?
A court decides under 755 ILCS 5/11-5, according to the best interest of the minor. The court generally does not proceed when a living parent is willing and able to care for the child.
What if a person dies with no relatives and no will?
If there is no surviving spouse and no known kindred, the property escheats under 755 ILCS 5/2-1, with real estate going to the county in which it is located.