You worked hard to acquire the assets you have. That’s why it’s completely understandable that you’d want to leave certain assets to certain people, and to outline your final wishes so your loved ones can honor your memory in an appropriate way. For most people, this means creating a comprehensive estate plan, including a will. But what happens if you die without a will? Your Illinois estate planning attorney explains.
What Does It Mean to Die Intestate?
Dying intestate is a formal way of saying “dying without a will.” This means you don’t have a clear outline of how you want your estate handled or who you want to leave certain assets to. Ultimately this means your estate has to pass through probate—a costly and time-consuming process overseen by the state.
When your estate has to go through probate, it can take months for your loved ones to inherit the assets you leave them. And under intestate succession laws, certain people take priority in inheriting your estate.
Who Inherits What?
The state has a clear order of who inherits assets if you die without a will. Typically, assets will go to your immediate family in the following order:
- Your children but no spouse: If you have children but don’t have a spouse, your children inherit your estate.
- Spouse but no children: Your spouse will inherit your estate in full.
- Spouse and children: The probate court will split your estate. Your spouse will inherit 50% of the property in probate and your children will inherit the rest.
- Parents but no spouse, children, or siblings: Your parents will inherit the property in probate.
- Siblings but no spouse, children, or parents: Your siblings will inherit everything in probate.
- Parents and siblings: Surviving parents and siblings receive equal parts of the property in probate.
This leaves you with little to no control over who inherits which assets. By creating a comprehensive estate plan, you’ll be better able to preserve your interests and leave property to the people you want to.
Intestate Succession Only Impacts Certain Assets
Here’s the good news: intestate succession only impacts the assets that go through probate. Assets with clear beneficiaries already established at the time of your death don’t have to go through probate. This includes assets such as:
- Property held in a living trust
- Life insurance policies
- Retirement plan accounts
- Property you own jointly with someone else
- Vehicles with a transfer-on-death registration
- Real estate with a transfer-on-death deed
- Certain bank accounts
Keep in mind that it’s always best to create a detailed and comprehensive estate plan whenever possible. Doing so ensures that your wishes will be honored and only the people you want to inherit assets will inherit them.
How You Can Protect Your Wishes
If you don’t already have a will in place, create one now. This will give you the chance to clearly outline your final wishes and identify who you want to leave certain assets to. If that will is in place when you pass away and can be verified as the most recent and accurate version, the court will distribute property according to your wishes.
Keep in mind that wills can also contain helpful information like how you want your remains handled, the type of funeral you want, whether you want to be cremated or buried, and other similar details. The more information you can leave your family, the less stressful it will be for them to adjust to their new normal.
Schedule a Consultation Today
At Legacy and Life Law Firm, our experienced Illinois estate planning attorneys are here to help. Whether you’re looking to create your first will, want to revise an existing one, or need a full estate plan to protect your loved ones and your wishes, we’re here for you. Contact us today to schedule a free consultation.