What Happens if a Parent Dies Without an Estate Plan? 

Dealing with the loss of a parent is never easy. In addition to the emotions involved, you may need to sort out the status of your parent’s estate. Perhaps your parent’s death is your first experience with wills and estate laws, adding to the challenge. 

If your parent died without an estate plan, you may have questions about what will now happen to their assets and debts and how to handle all the financial loose ends. An experienced Naperville, IL estates and trusts attorney can advise you on the process of settling the estate if your parent has died without an estate plan. 

What Happens When Someone Dies Without An Estate Plan?

When a person dies without a will, trust, or any other estate planning instrument, Illinois intestate succession laws detail how their assets will be distributed during the probate process.

Who Inherits the Estate If There Is No Estate Plan?

Intestacy laws are complex, so it is advisable to consult with an experienced attorney with the specific facts of your case. As a general rule, Illinois estate distribution is determined based on the living descendants in a specific order. For example, if your parent died without a spouse, the children will inherit everything. If they died with a spouse and descendants including children, the spouse will inherit half of the property, and the other half will go to the children.

Regarding the distribution of the estate among children, Illinois law determines the size of the child’s inheritance based on the number of children a parent has and the legal status of the child. For example, adopted children receive the same share as biological children, but foster children and stepchildren who were not legally adopted do not automatically receive a share at all. 

How Do I Know If My Parent Has a Will or Trust? 

If you are not sure whether your parent left behind a will or trust, you will have to search for these documents, ideally with the assistance of an estate planning attorney who has experience searching for estate planning documents. Keep in mind that in Illinois trusts are not public records, so any trusts may be more challenging to find.

First, you should contact your parent’s attorney, accountant, and other financial advisors. These individuals are likely to know more about your parent’s estate planning documents if they exist. Next, visit the probate court. If the will was filed, that information will be available in the probate court of the county where your parent resided. If you find no information there, you should also look through your parent’s paperwork. As you do, look not only for a will but for anything with the words “trust” or “trustee” that may lead you to information on an existing trust. 

Another option is to contact friends and family. Other family members may have spoken to your parent and will be able to give you more information. Finally, you can contact local law firms and inquire with the receptionist if they have your parent’s name on file as a client. 

What Are The Steps for Handling An Estate After Death?

The steps for handling your parent’s estate will depend on your particular situation, and an experienced attorney can represent your family throughout. However, generally, the process for handling an estate after death proceeds according to the following steps and usually takes between 6 to twelve months:

• The estate is opened in probate court: To do so, a petition is filed with the probate court in the county where your parent resided. 
• The court selects an estate administrator: Next, the court will select a person to administer the estate, which will usually be a family member. 
• The administrator inventories estate assets: This process ensures that the estate can fairly distribute your parent’s assets. 
• The administrator distributes assets and pays debts: The administrator will do so according to Illinois laws, usually with the guidance of an attorney.

What Debts Must Be Paid After Someone Dies

The other side of the coin to dealing with your parent’s death without an estate plan is wrapping up any debts your parent left behind. In Illinois, you are not liable for your parent’s debts, but their debts still continue to exist after their death and must be paid out of their estate whenever possible.

If a parent leaves behind a spouse, that spouse will be liable for certain debts categorized as “family expenses” under the Illinois Family Expense Act. These include medical bills, funeral expenses, rent for the family home, clothing, repairs for the family home, the wages of domestic staff, and any other debt taken on as the necessary cost of living for a family.

If your parent does not have a spouse or living parent, or if the debt falls outside the types of debts covered by the Illinois Family Expense Act, the estate must pay off the debts before making any distributions to family members and descendants.

How Do I Become the Executor of My Parent’s Estate? 

An executor of an estate is someone who has been appointed in a will. If your parent died without a will, the court will appoint an administrator to fulfill the same role. If you meet the qualifications for serving as an estate administrator and other potential administrators, such as siblings, agree, you may be appointed to serve as the administrator of your parent’s estate. To do so you must file a petition with the probate court. You will have to swear under oath to perform your duties according to the law. Unfortunately, fights about who will be the executor of an estate are common and are best handled with the help of an attorney. 

Contact a Naperville, IL Probate Law Attorney 

If your parent has died without an estate plan, an experienced estate planning attorney can guide you through the process of sorting out their estate. At Gierach Law Firm, Naperville, IL wills and trusts attorney Denise Gierach is ready to represent you throughout the process. Call our office for a consultation at 630-228-9413.