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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 survivesWho takes the estate, after its just claims are paid
Who survivesA spouse and descendantsWho 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 spouseWho takes the estate, after its just claims are paidAll to the descendants per stirpes
Who survivesA spouse and no descendantsWho takes the estate, after its just claims are paidAll to the spouse
Who survivesNo spouse or descendants, but parents, brothers or sistersWho 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 descendantsWho takes the estate, after its just claims are paid1/2 to the maternal side and 1/2 to the paternal side
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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)
  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.

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