Illinois Intestacy Statute

5/2-1. Rules of descent and distribution

Section 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent’s descendants per stirpes.

(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent’s descendants per stirpes.

(c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse.

(d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.

(e) If there is no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister of the decedent but a grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedents maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes and (2) 1/2 of the entire estate to the decedent’s paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving paternal grandparent or descendant of a paternal grandparent, but a maternal grandparent or descendant of a maternal grandparent of the decedent: the entire estate to the decedent’s maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving maternal grandparent or descendant of a maternal grandparent, but a paternal grandparent or descendant of a paternal grandparent of the decedent: the entire estate to the decedent’s paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes

(f) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister or grand parent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent’s maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes and (2) 1/2 of the entire estate to the decedent’s paternal great-grand parents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving paternal great-grandparent or descendant of a paternal great-grandparent, but a maternal great-grandparent or descendant of a maternal great-grandparent of the decedent: the entire estate to the decedent’s maternal great, grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes If there is no surviving maternal great-grandparent or descendant of a maternal great-grandparent, but a paternal greatgrandparent or descendant of a paternal great-grandparent of the decedent: the entire estate to the decedents paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes.

(g) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister, grandparent, descendant of a grandparent, great-grandparent or descendant of a great-grandparent of the decedent: the entire estate in equal parts to the nearest kindred of the decedent in equal degree (computing by the rules of the civil law) and without representation.

(h) If there is no surviving spouse and no known kindred of the decedent: the real estate escheats to the county in which it is located; the personal estate physically located within this State and the personal estate physically located or held outside this State which is the subject of ancillary administration of an estate being administered within this State escheats to the county of which the decedent was a resident, or, if the decedent was not a resident of this State, to the county in which it is located; all other personal property of the decedent of every class and character, wherever situate, or the proceeds thereof, shall escheat to this State and be delivered to the Director of Financial Institutions of the State pursuant to the Uniform Disposition of Unclaimed Property Act. In no case is there any distinction between the kindred of the whole and the half blood.

DISCLAIMER: Please Note: this page contains the statutory text of the Illinois rules of descent and distribution for intestate decedent’s probate estates. The law is constantly changing and this text may not be the most up to date. This information is not suitable for any State other than the State of Illinois. No representations or warranties are made as to the completeness or accuracy of the information contained on this page. Please consult a lawyer before taking ANY action.