Dying Without a Will in Illinois
First, to the spouseIf the deceased has no children, the entire estate goes to their spouse. If there are children, then half of the estate goes to the spouse and half to the children. In addition, the spouse will be given what is called a family allowance of $10,000, as well as $5,000 for each minor child. This is meant to help support the family until the probate process is complete and the estate is actually distributed.
Then, to the childrenIf there is no spouse at the time of death, then the estate is distributed among the children of the deceased. If a child of the deceased has passed away, they still get a share but it is given to their children (the deceased's grandchildren).
Then, to parents and siblingsIn Illinois, if there is no spouse and no children of the deceased, then his or her parents and siblings take the estate. It is divided equally. However, if only one parent is living, the surviving parent takes a double share.