Illinois estates 2025

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Illinois per stirpes law dictates that half of the estate passes to the surviving spouse while the other half is divided among children, grandchildren, and great-grandchildren. If there is no surviving spouse, the entire estate passes to the deceaseds children.
The decedents property is given to the decedents heirs during a probate court case. A decedents relatives also get part of the estate. If someone is married and has no children, everything goes to the surviving spouse. If there is a spouse and two children, the spouse gets half of the assets of the estate.
The first priority in Illinois wrongful death cases is given to the deceaseds surviving spouse and children. If the deceased was married and/or had children, these individuals are generally considered the primary next of kin and the primary beneficiaries of any wrongful death settlement or award.
Who Gets What in Illinois? If you die with:heres what happens: children but no spouse children inherit everything spouse but no descendants spouse inherits everything spouse and descendants spouse inherits 1/2 of your intestate property descendants inherit 1/2 of your intestate property3 more rows
Estate assets in Illinois probate law encompass all property owned by a deceased person at the time of their death.
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Next of kin order If you have a surviving spouse, they are often first in line to inherit your estate if you die without a will. Sometimes, the spouse may inherit the entire estate, especially if you have no surviving children or parents.
One of the simplest strategies for asset distribution among heirs, this method requires that the estate be divided equally among each branch of the family. So, if an heir (a child) should pass away before the parents, their share would be passed along in equal shares to their heirs (the grandchildren).
If the person named in the will cannot act or there is no will, then theres an order of priority for who may be appointed a personal representative. The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.

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