What Happens If You Die Without a Will in Illinois?
Without a will in Illinois, a surviving spouse takes half of the estate755 ILCS 5/2-1Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpes755 ILCS 5/2-1Verified Sep 10, 2026View source.
Illinois intestacy law decides. Illinois follows separate property rules755 ILCS 5/2-1Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents and siblings; Grandparents and their descendants; Great-grandparents and their descendants; Nearest kindred; The county, and the State of Illinois755 ILCS 5/2-1Verified Sep 10, 2026View source.
The surviving spouse's share in Illinois depends on the family. With no children: Entire estate755 ILCS 5/2-1Verified Sep 10, 2026View source. With shared children: Half of the estate755 ILCS 5/2-1Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estate755 ILCS 5/2-1Verified Sep 10, 2026View source.
Illinois divides per stirpes755 ILCS 5/2-1Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Under Illinois intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Illinois, however, parties to a civil union750 ILCS 75/20Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Illinois will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Learn moreForms for Planning and Settling an Estate in Illinois
Free Illinois forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Illinois, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Letters of Office; every appointment goes through the court755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source.
Notice to Creditors
In Illinois, the notice to creditors is published for 3755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 6 months755 ILCS 5/18-3 (claim date not less than 6 months from first publication, or 3 months from mailing, whichever is later); 5/18-12(b) (2-year outer bar from death)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Illinois, a person named as executor may decline to serve755 ILCS 5/6-3(a); Cook County CCP 0309 (12/01/24)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Illinois, the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source covers estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Illinois, the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment.
Estate Closing
In Illinois, the personal representative is discharged by court order755 ILCS 5/28-11(d), (e), (f); 5/24-2Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit755 ILCS 5/4-3Verified Oct 18, 2026View source.
Tools for Planning and Settling an Estate in Illinois
Free calculators and checklists for planning or settling an estate in Illinois: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Illinois allows you to name your own agent in advance755 ILCS 65/10Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Illinois levies an estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source (top rate 16%35 ILCS 405/2Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Illinois, beneficiaries owe no inheritance tax and the estate pays any estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Illinois take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates35 ILCS 5/201(b)(5.4) flat 4.95% rate on individuals, trusts, and estates; § 201(c)-(d) personal property tax replacement income tax; 35 ILCS 5/203 federal AGI conformityVerified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Illinois pays executors reasonable compensation755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Illinois Estate Planning Resources
In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.