About Illinois,
Illinois follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Illinois intestate law (755 ILCS 5/2-1) determines your share. The small-estate threshold is $150,000, and typical probate takes 6-12 months for a simple, uncontested probate..
Illinois imposes a state-level estate tax, which may affect larger estates and require additional filing deadlines beyond federal requirements.
Property & Intestate Rules
How Illinois classifies marital property and what a surviving spouse typically receives if there is no will.
How Illinois Classifies Marital Property
Common Law (Equitable Distribution) (750 ILCS 5/503)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | 1/2 of the estate |
| Children from prior relationship | 1/2 of the estate |
1/3 of the estate if the decedent leaves descendants, or 1/2 if there are no descendants.
Deadline to File
- Illinois filing window
- Within 7 months of the will's admission to probate.
Home Protections for Surviving Spouses
Illinois provides a homestead exemption of $15,000 for an individual and $30,000 for a married couple. The surviving spouse can continue to live in the home, and it is protected from creditors up to the exemption amount. (735 ILCS 5/12-901)
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $150,000 |
| Typical probate timeline | 6-12 months for a simple, uncontested probate. |
| State estate tax | Yes |
| State inheritance tax | No |
| Tax notes | Illinois has a state estate tax with a $4 million exemption. There is no inheritance tax. Assets passing to a surviving spouse are exempt. |
Deadlines You Cannot Afford to Miss
Illinois-Specific Rules
Illinois law includes a 'surviving spouse award,' which is a minimum amount ($20,000 plus $10,000 for each dependent child) that the surviving spouse is entitled to from the estate for support during the first nine months of administration. This is in addition to any other share of the estate. (755 ILCS 5/15-1)
Illinois Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Illinois.
- Is Illinois a community property state?
- Illinois is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (750 ILCS 5/503)
- What does a surviving spouse inherit without a will in Illinois?
- No children: Entire estate With children: 1/2 of the estate Stepchildren or children from a prior relationship: 1/2 of the estate
- What is the elective share right in Illinois?
- 1/3 of the estate if the decedent leaves descendants, or 1/2 if there are no descendants. Deadline: Within 7 months of the will's admission to probate.
- What is the small-estate threshold in Illinois?
- $150,000. Typical probate timeline: 6-12 months for a simple, uncontested probate.
- Does Illinois have estate tax or inheritance tax?
- Estate tax: Yes. Inheritance tax: No. Illinois has a state estate tax with a $4 million exemption. There is no inheritance tax. Assets passing to a surviving spouse are exempt.
- What deadlines matter most for widows in Illinois?
- Elective Share: 7 months from admission of will to probate; Probate Filing: No strict deadline, but will should be filed within 30 days of death.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Illinois.
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Support Beyond the Paperwork
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Related Resources
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