What Happens if You Die Without a Will?

When a person creates a will, they provide instructions for how they want their property to be divided among their heirs, which may include their spouse, children, other family members or loved ones, or charitable organizations. However, if a person dies without having created and executed a will, their family may be unsure about how ownership of their property will be handled and what procedures will need to be followed. In these situations, it is important to understand how the laws of “intestate succession” will apply.

Intestate Probate

If a person had a will in place, the person who they named as the executor of their estate will complete the probate process by filing the person’s will in probate court, notifying beneficiaries and creditors, taking an inventory of the estate, and distributing assets to heirs. This process will also need to be followed in cases where a person did not have a will, although since there was no executor named by the decedent, someone will need to be appointed by the court to serve as the representative of the estate.

Illinois’ intestate succession laws detail how a person’s assets should be distributed among their heirs in situations where there is no valid will. These distributions will be made as follows:

• If the decedent had a spouse and one or more children, the spouse will receive half of their assets, and the other half will be divided equally among the children or their descendants. If the decedent had a child who had previously died, that child’s portion of the estate will be divided equally among their children or grandchildren. If the decedent had children and was not married at the time of their death, the entire estate will be divided among their children. If the decedent was married and had no children, their spouse will receive the entire estate. 
• If the decedent was not married and had no children, their estate will be equally divided among their parents and their brothers or sisters. If one parent has already died, the other parent will be entitled to a double share of the estate’s assets. If a brother or sister has already died, their share of the estate will be divided equally among their descendants.
• If the decedent did not have a surviving spouse, descendants, parents, or siblings, their estate will be divided among their grandparents or the grandparents’ descendants (the decedent’s aunts, uncles, cousins, or their children). Half of the estate will go to the mother’s side of the decedent’s family, and the other half will go to the father’s side of the family.
• If the decedent did not have any family members surviving their grandparents, their estate may go to their great-grandparents or more distant relatives, such as great-aunts, great-uncles, second cousins, or their descendants. Half of the estate will go to their mother’s side of the family, and the other half will go to the father’s side of the family. In the absence of family members descended from great-grandparents, the decedent’s closest relatives will be able to inherit their assets.
• If a person had no surviving extended family members, or if these family members cannot be located during the probate process, the county where the decedent resided will take possession of the decedent’s assets.

While the laws of intestate succession will address assets that are covered by the probate process, a person may have had certain types of non-probate assets that may be passed to beneficiaries even if they did not have a will. For example, if the decedent had a retirement savings account, they may have named their spouse or their children as beneficiaries who will receive the remaining funds in the account in the event of the account holder’s death. Other non-probate assets may include bank accounts that are designated as payable on death, assets held in a trust, or life insurance policies.

Contact Our DuPage County Estate Planning and Probate Lawyer

If a person dies without a valid will, this can create multiple complications for their family members, who will need to gain a full understanding of the person’s assets and make sure they are distributed to heirs according to Illinois law. If you want to avoid these types of complications while ensuring that your wishes will be followed, the Gierach Law Firm can help you understand your options for creating a will and a comprehensive estate plan that will protect your assets and provide for the needs of you and your loved ones. Contact our Naperville estate planning attorney today at 630-228-9413 to learn more about our services.

Source:

Illinois General Assembly