What Happens If You Die Without an Estate Plan in Illinois?

 Posted on August 14, 2025 in Estate Planning

When someone dies without an estate plan, their family members can be left facing confusion, financial stress, and time-consuming legal procedures. When someone has a thorough estate plan, their wishes are made known, and the process of transferring assets to beneficiaries is much more streamlined. Without an estate plan, the probate laws determine what happens to a deceased person’s assets. Our knowledgeable Oak Park, IL estate planning lawyer can explain how what is known as "intestate succession" works when someone dies without an estate plan, and how to avoid the probate process.

Who Inherits in Illinois If There Is No Will?

If you die without a will or trust, the Illinois Probate Act of 1975 governs how your probatable assets and accounts will be distributed. This is called "intestate succession," and it follows a strict legal formula based on your relationship to the decedent.

The probate court will appoint an administrator to handle the settling of your probatable assets and accounts. That person will pay your debts and distribute what is left according to the law. You do not get to choose who manages your affairs or who receives your property if your probatable assets and accounts are distributed through intestacy. Some common outcomes include:

• If you are married and you do not have children, your spouse inherits everything;

• If you have children but are not married, everything is divided equally among your children;

• If you are married and have children, your spouse gets half, and your children divide the other half equally; and,

• If you have no spouse or children, your estate goes to your parents, then your siblings, then more distant relatives.

If the court cannot find anyone related to you, your probatable assets and accounts may eventually go to the State of Illinois. That outcome is rare, but it emphasizes the risk involved when you do not set up a thorough estate plan, and instead leave things to chance.

What Happens to Minor Children Without an Estate Plan?

Without a will, you have no say in naming a guardian for your minor children. If both parents are deceased or otherwise uninvolved, a court will decide who will raise your children. It might appoint someone you would not have chosen, even if other family members are willing and available. A will allows you to nominate a guardian, and while the court still has final approval, your wishes carry significant weight.

Delays and Extra Costs When There Is No Estate Plan

Without an estate plan, your probatable estate is more likely to go through formal probate. This process can take more than a year, especially if there are disputes or complications. Probate involves court fees, publication costs, and legal fees, all of which will reduce the value of what is left for your loved ones.

A basic estate plan that, at the least, includes a will, 2 powers of attorney, and possibly a living trust, can help your family avoid many of these complications. It also gives you control over who will manage your affairs if necessary, how your probatable assets and accounts will be divided, and who will take care of your dependents.

Verbal promises about who can receive certain items are not legally enforceable. Even if your family agrees on what you "would have wanted," the court is bound to follow the law. Only written documents in compliance with state law can override the default intestate rules, so a verbal agreement does not help avoid probate.

Contact a Hillside, IL Estate Planning Lawyer

Planning ahead may be difficult, but it is a major step toward protecting your family from unnecessary stress and uncertainty. An experienced Oak Park, IL estate planning attorney at the Law Office of Vincent C. Machroli, P.C. can help you understand your options. We offer legal consultations at no charge to help you get started, so call 708-449-7404 today to learn more about preparing a will, powers of attorney, a trust, and other key estate planning documents.