If your spouse is no longer living, the court distributes your estate among your descendants. If you don’t have a Will when you die in Illinois, half of your estate goes to your spouse, and half is divided equally among your descendants. How a Court Awards Property in Illinois If You Don’t Have a Will Without a Will, the future of your probate assets and living dependents lies in the court’s hands, which are tied to court statutes. The court just divides your assets according to your will, if you have one, or among your closest living relatives, if you don’t have a will.Īmong your closest living relatives, purely by formula. When a judge distributes your assets at the time of your death, the court does not dive into the dynamics of your family history or try to decipher who you would have wanted to receive bequests. The court also decides how to distribute your probate assets in accordance with the state laws of intestacy and, if you have living minor children or dependents, appoint a guardian for you. If you die without a Will in Illinois, the court names the personal representative of your estate, who generally has the same duties as an executor who is named in a Will. What Happens If You Die Without a Will in Illinois? Notary : A person licensed by the state government to authenticate signatures on legal documents.Intestate Heirs : The persons who receive your probate assets when you die without a Will.Legatee : A beneficiary to whom a testator leaves assets in a Will.Probate Assets : Any property individually owned by the testator.Probate : The process of proving and accepting a Will as a valid public document in a court of law.Testator : The person making a Will in preparation for their dying (you!).Here are a few definitions to keep in mind: A guardian is someone you name to take care of your minor children after you die.Īs you go through this planning guide, it will be helpful to know some Will-related jargon. The executor carries out the financial wishes stated in your Will. To transfer the assets listed in your Will to other people, a court of law must first validate the Will through a process called probate.Ī Will allows you to appoint an executor and (in Illinois) a guardian over your minor children. What Is a Will?Ī Will is a legal document that directs the distribution of your assets when you die. Read on to learn how to make a Will and the considerations you’ll have to make in the process. Rest assured - with the right education and preparation - you can create a Will that will give you peace of mind and leave your estate in good hands. “I want to plan I just don’t know if I can make these decisions right now…” This sentiment is something our Chicago-based attorneys hear all the time. You know it’s important to plan for what will happen to your property, dependents and remains when you die, yet something holds you back.
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