Probate & Estate Administration · DuPage County, Illinois
Steady guidance for executors and families through Illinois probate, from filing to final distribution.
About 60% of Americans die without a will. When that happens in Illinois, the state’s intestacy statute decides everything: who inherits, in what proportions, and who administers the estate. The rules are mechanical and don’t always match what the deceased would have wanted — but they’re what the court will apply.
We represent DuPage County families and court-appointed administrators through Illinois intestate probate. The process has its own procedural quirks compared to probate with a will, and the family dynamics around intestate estates often add complications we handle daily.
Illinois intestacy follows a strict statutory hierarchy. Some outcomes surprise families.
Spouse takes 1/2, descendants share remaining 1/2 equally. Common surprise: spouse does NOT take everything when there are children.
Spouse takes the entire estate when there are no children or grandchildren.
Children share equally. If a child predeceased the parent, their share goes to their own descendants.
If no spouse or descendants, parents take half each; if parents predeceased, siblings divide the estate.
Further removed: grandparents, aunts/uncles, cousins — followed through the statutory hierarchy until heirs are found.
If no heirs can be located after thorough search, the estate goes to the State of Illinois. Genuinely rare but legally possible.
File petition with the DuPage probate court asking the court to appoint an administrator (often a surviving spouse or adult child).
Identify all legal heirs under Illinois intestacy. May require genealogical research for distant relatives.
Illinois requires intestate administrators to post a surety bond — protecting heirs and creditors. Bond cost depends on estate size.
Inventory assets, pay creditors, distribute remaining estate per the intestacy statute, file final accounting.
Intestate administrators typically must post a surety bond, unlike will-named executors. Adds cost and paperwork.
Family members surprised by Illinois intestacy outcomes sometimes contest. We protect the administrator from personal liability.
Locating distant relatives may require genealogical research. Some intestate cases involve hidden or unknown heirs surfacing late.
Without a will, you have no written instructions about who should administer, what funeral arrangements were wanted, etc.
Many families assume spouses inherit everything. They don’t under Illinois intestacy when children exist. We help families understand the actual rules.
Going through intestate probate often motivates families to do proper estate planning. We help heirs do their own estate planning afterward.
From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.
Illinois intestacy statute decides. Surviving spouse takes 1/2 if there are also descendants (children, grandchildren); spouse takes everything if no descendants exist. If no spouse, descendants share equally. If neither, parents and siblings inherit in defined shares. The rules continue through more distant relatives until heirs are found.
Illinois law gives priority to surviving spouse, then adult children, then other heirs. The court can appoint someone else (including a corporate fiduciary) if no qualifying family member is willing or appropriate.
No — this is the most common surprise. If the deceased had children (or grandchildren of a deceased child), the surviving spouse takes only 1/2 of the estate. The other 1/2 goes to descendants. Spouses only take everything when there are no descendants.
Adopted children inherit as natural children. Stepchildren do NOT inherit through their stepparent unless legally adopted. Unmarried partners — regardless of relationship length — do NOT inherit under Illinois intestacy. These outcomes commonly surprise non-traditional families and are best addressed through proper estate planning during life.
Generally 9-18 months — similar to will-based probate. May take longer if heirs are difficult to locate or contested. The 6-month creditor period and required waiting periods apply regardless of whether there’s a will.
Generally no — the intestacy statute is mechanical and binding. Heirs CAN agree among themselves to redistribute (a ‘family settlement agreement’), but each heir must voluntarily agree. The court cannot override the statute without heir consent.
We guide families through Illinois intestate probate from start to finish. Free consultation explains what to expect and what your role would involve.