Probate & Estate Administration · DuPage County, Illinois
Steady guidance for executors and families through Illinois probate, from filing to final distribution.
When someone dies without a will in Illinois, their estate does not simply pass to whoever the family thinks it should. It is administered under the state’s intestacy laws, through a probate process led by a court-appointed administrator instead of an executor the deceased chose. The law — not the family — decides who inherits and in what shares. We represent the families and administrators who have to navigate this, guiding intestate estates through probate correctly while reducing the confusion and conflict that an absent will so often creates.
We handle intestate administration for families across DuPage County and the western suburbs, from petitioning to appoint an administrator through identifying heirs, managing assets and creditors, and distributing the estate the way Illinois law requires. You work directly with the attorney on the estate, we explain who inherits under the intestacy statute and why, and we keep the process moving so the family is not left in limbo. When the lack of a will sparks disagreement among relatives, we work to resolve it before it becomes a fight.
Related reading: What happens if you die without a will in Illinois?
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.
Without a will, Illinois law sets a fixed order of inheritance that may not match what your loved one would have wanted. If there is a surviving spouse and children, the estate is split between them — typically half to the spouse and half divided among the children. With a spouse and no children, the spouse takes everything; with children and no spouse, the children share equally. If there is neither, the estate passes to parents and siblings, then to more distant relatives, and only to the state if no heir can be found. Stepchildren you helped raise, unmarried partners, and close friends receive nothing under these rules.
Administering an intestate estate also means proving who the legal heirs actually are, which can be surprisingly complicated in blended families, estranged relationships, or when relatives are hard to locate. The court requires this be established before anything is distributed. We handle the heirship determination, the required filings, and the administration itself, so the estate is settled accurately and the people legally entitled to inherit receive what the law provides — without the missteps that can reopen an estate later.
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.
It goes through probate as an intestate estate. The court appoints an administrator, usually a close family member, to manage it, and the assets are distributed according to Illinois’s intestacy statute rather than any personal wishes. The statute follows a set order — spouse and children first, then parents and siblings, then more distant relatives. The process is similar to probate with a will, but with the added steps of appointing an administrator and proving heirship.
Illinois law sets a priority order for who can serve as administrator, generally starting with the surviving spouse, then adult children, then other next of kin. The person must petition the court to be appointed and is often required to post a surety bond. If family members disagree about who should serve, the court decides. We help the appropriate person get appointed, post bond if needed, and carry out the administration properly from there.
We guide families through Illinois intestate probate from start to finish. Free consultation explains what to expect and what your role would involve.