When someone dies without leaving a Will, the loved one’s family and friends will need to open a probate estate to collect the decedent’s assets and pay the estate’s debts. According to the Illinois Probate Act of 1975, the deceased person’s estate will be divided among the surviving relatives as follows:
- Surviving spouse and descendants:
– The surviving spouse receives half of the estate.
– The remaining half of the estate if then divided evenly among the descendants - Surviving spouse but no descendants:
– The surviving spouse receives the entire estate - No surviving spouse but descendants:
– The entire estate is divided equally among the descendants - No surviving spouse and no descendants:
– The estate can pass on to the deceased’s parents, siblings, nieces, nephews, etc.
Does a property in joint tenancy get probated?
If the property is owned in joint tenancy in Illinois, then it does not go through the probate process. When one of the owners dies, the other owner(s) automatically inherit the property. Only after each tenant on the deed dies will the property be probated.
When does a property automatically get probated?
The only time a property will be automatically probated is if the deceased was the sole owner of the property and has not left a trust that allocates the property to specific beneficiaries.
To learn more about whether a property needs to be probated, read our post on Transfer on Death Instruments and 5 Ways Estate Planning Can Help you Avoid Probate, or schedule a free consultation with an attorney at our office.
