Dying without a will is called dying intestate, and Illinois has already written one for you. It is rarely the will you would have chosen.
Who inherits
If there is a spouse and descendants, the estate is split half to the spouse and half among the descendants. A spouse with no descendants takes everything; descendants with no spouse take everything in equal shares. Step-children and unmarried partners inherit nothing.
Who administers the estate
The court appoints an administrator, usually a close relative, who must post a surety bond — a cost a will can waive.
How long it takes
In Sangamon County a straightforward intestate estate typically runs nine to fifteen months, largely because of the six-month creditor claim period. Contested estates run considerably longer.
What avoids most of it
A simple will, correctly witnessed, plus beneficiary designations kept current on retirement accounts and life insurance.
