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Intestate Succession Laws in Illinois

In Illinois, a surviving spouse inherits half of the estate when the deceased leaves descendants, and the entire estate when there are no descendants. Illinois is not a community property state.

Last checked . General information, not legal advice.

Illinois at a glance

Spouse share with shared children
1/2 of the estate
The other half goes to the deceased's descendants per stirpes.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
Entire estate
Parents do not share when there are no descendants.
Community property state
No

Sources

Last checked

The rules in Illinois

How much does a surviving spouse inherit in Illinois when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Illinois: 1/2 of the estate. The other half goes to the deceased's descendants per stirpes.

Does a surviving spouse in Illinois inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Illinois: no.

How much does a surviving spouse inherit in Illinois when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Illinois: Entire estate. Parents do not share when there are no descendants.

Is Illinois a community property state?

No. Community property state in Illinois: no.

Where do the Illinois intestate succession laws come from?

The rules above come from 755 ILCS 5/2-1. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.