An individual who dies without a Will is referred to as dying intestate. Each state provides its own intestate succession law, which determines how the assets of a decedent who dies intestate will be distributed.
Under Illinois’ intestate succession law (“Descent and Distribution”), assets pass in the following manner:
a. If the decedent has a surviving spouse and one or more surviving descendants, then ½ of the assets pass to the spouse and ½ of the assets pass to the descendants, per stirpes (see Newsletter #1);
b. If the decedent has a surviving spouse, but no surviving descendants, then all assets pass to the spouse;
c. If the decedent has one or more surviving descendants, but no surviving spouse, then all assets pass to the descendants, per stirpes;
d. If the decedent does not have a surviving spouse or descendant, then the assets pass to the parents and siblings of the decedent in equal parts; then
e. ½ of the assets pass to the paternal grandparents of the decedent,per stirpes, and ½ of the assets pass to the maternal grandparents of the decedent,per stirpes; then
f. ½ of the assets pass to the paternal great-grandparents of the decedent,per stirpes, and ½ of the assets pass to the maternal great-grandparents of the decedent,per stirpes; then
g. the assets pass to the “nearest kindred of the decedent in equal degree”; and then
h. the real estate owned by the decedent will pass to the county or state depending on the type of property.