Who Inherits When There Is No Will
755 ILCS 5/2-1 — half to a spouse and half to the children, or all to whichever survives
| Who survives | Who takes the estate, after its just claims are paid |
|---|---|
| Who survivesA spouse and descendants | Who takes the estate, after its just claims are paid1/2 to the spouse and 1/2 to the descendants per stirpes |
| Who survivesDescendants and no spouse | Who takes the estate, after its just claims are paidAll to the descendants per stirpes |
| Who survivesA spouse and no descendants | Who takes the estate, after its just claims are paidAll to the spouse |
| Who survivesNo spouse or descendants, but parents, brothers or sisters | Who takes the estate, after its just claims are paidTo them in equal parts, a surviving parent taking a double portion where the other parent is dead |
| Who survivesOnly grandparents or their descendants | Who takes the estate, after its just claims are paid1/2 to the maternal side and 1/2 to the paternal side |
Who handles this in Illinois: legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.
Per stirpes means a descendant who died first is represented by their own descendants, who share that person's portion. The section continues to more distant relatives when none of these survive.
Sources for this section (1)
- 755 ILCS 5/2-1 — Rules of descent and distribution
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.