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- In Illinois, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
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Nov 10, 2021 · When an Illinois resident dies without having made a last will and testament, the intestacy succession laws found in the Illinois statutes will dictate who inherits the deceased person's probate estate.
- Julie Garber
If a person dies without a will, the person died intestate. The person who died is called the decedent. The decedent's property is given to the decedent's heirs during a probate court case. A decedent's relatives also get part of the estate.
Aug 27, 2021 · The surviving spouse may lay their claim to a portion of the deceased’s estate if the testator’s will excludes them by renouncing the will altogether. Illinois law allows for the submission of a renunciation petition to the probate court, where the filing of the will took place.
Nov 16, 2020 · In this article we explain a surviving spouse’s rights in Illinois probate, including the Illinois Surviving Spouse’s Award, surviving spouse’s right to renounce the will, and the effect of prenuptial agreements on the rights of a surviving spouse.
Nov 12, 2019 · When an individual dies without a will, they have died intestate. Under Illinois law, a statutory framework determines how a decedent’s estate will be distributed. This is referred to as Intestate Administration. If a spouse dies without a Will, the widow has the right to an intestate share.
Dec 30, 2023 · In Illinois, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
Jul 15, 2022 · In Illinois, a surviving spouse can elect to renounce the decedent spouse’s will and will then be entitled to, after all just claims are fully paid, the following: 1/3 of the estate if the decedent has descendants; or. 1/2 of the estate if the decedent has no descendants. Avoiding the Elective Share Statute in Illinois.