Living WIll

10 Jan. 23

If A Person Dies Without a Will in Alton, IL

Intestate Succession

Having a will prepared can be important for anyone of any age. A will is important for guiding how a person’s property should be distributed upon their death, who will be the guardian of the minor children of the person, and it guides how funeral and burial arrangements need to be handled. There are some situations where a person may die without a will, leaving the family and loved ones to handle the person’s last affairs. Here we are going to go into more information about the process of when a person dies without a will in Alton, IL. As well as why it is called Intestate Succession.

Intestate Succession in Alton, IL

In Alton, IL, if a person dies without a valid will, this is referred to as dying “intestate,” and when this occurs, the laws of intestate succession will be used in order to determine how the assets of the person who died will be distributed. The order of intestate succession is as followed:

  • If the person was married at the time of their death but had no children or other descendants, the spouse will be given the entire estate.
  • In the event that the person was not married when they died, but did have a child or other descendants, the estate will be divided among the descendants. It is divided up using “per stirpes” distribution, meaning each child or descendant of the deceased person will be entitled to an equal portion of the share of the estate.
  • If the person was married and had children, the spouse will receive half of the estate while the other half will be distributed equally among the children with per stirpes distribution.
  • In the event the person was not married nor had any children, their estate will be divided equally between their parents and siblings.
  • If a person is not married, does not have kids, and has no living parents or siblings to receive their estate, their estate could be inherited by grandparents, great-grandparents, or by any of their nearest relatives.
  • Estate PlanningIf there are not relatives of the deceased person that can be located, any of the real estate property they owned will then become property of the county is located in, and the State of Illinois will take possession of the rest of the remaining assets.

Need a will written to ensure your wishes our meet following your death in Alton, IL? Give our team of legal experts over at Diaz Law Offices a call today!