Estate Law · Illinois
Illinois estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Illinois residents.
- Illinois intestacy does not recognize stepchildrenUnder Illinois intestacy law, stepchildren do not inherit unless explicitly named in a will. Here's what that means for blended families.
- Illinois intestacy divides your estate between spouse and children by formulaIllinois intestacy law splits your estate 50/50 between your spouse and children when you die without a will — regardless of your family's financial needs.
- Illinois divorce does not automatically remove your ex-spouse from your willIllinois does not automatically remove an ex-spouse as executor, trustee, or beneficiary in a will after divorce. Active revocation is required.
- Your stepchildren inherit nothing under Illinois intestacyIllinois intestacy law does not recognize stepchildren as heirs, and the state's pretermitted-child statute offers them no protection. A will is the only fix.
How do these rules apply to you?
See which Illinois rules affect your family — free in 3 minutes.
Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Illinois attorney.