Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

755 ILCS 5/2-1

(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)

Sec. 2-1. Rules of descent and distribution.

The intestate real and
personal estate of a resident decedent and the intestate real estate in
this State of a nonresident decedent, after all just claims against his
estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the
decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to
the decedent's descendants per stirpes.

(b) If there is no surviving spouse but a descendant of the
decedent:  the entire estate to the decedent's descendants per stirpes.

(c) If there is a surviving spouse but no descendant of the
decedent:  the entire estate to the surviving spouse.

(d) If there is no surviving spouse or descendant but a parent,
brother, sister or descendant of a brother or sister of the decedent:
the entire estate to the parents, brothers and sisters of the decedent
in equal parts, allowing to the surviving parent if one is dead a double
portion and to the descendants of a deceased brother or sister per
stirpes the portion which the deceased brother or sister would have
taken if living.

(e) If there is no surviving spouse, descendant, parent, brother,
sister or descendant of a brother or sister of the decedent but a
grandparent or descendant of a grandparent of the decedent: (1) 1/2 of
the entire estate to the decedent's maternal grandparents in equal parts
or to the survivor of them, or if there is none surviving, to their
descendants per stirpes, and (2) 1/2 of the entire estate to the
decedent's paternal grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants per stirpes.
If there is no surviving paternal grandparent or descendant of a
paternal grandparent, but a maternal grandparent or descendant of a
maternal grandparent of the decedent:  the entire estate to the
decedent's maternal grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants per stirpes.
If there is no surviving maternal grandparent or descendant of a
maternal grandparent, but a paternal grandparent or descendant of a
paternal grandparent of the decedent:  the entire estate to the
decedent's paternal grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants per stirpes.

(f) If there is no surviving spouse, descendant, parent, brother,
sister, descendant of a brother or sister or grandparent or descendant
of a grandparent of the decedent: (1) 1/2 of the entire estate to the
decedent's maternal great-grandparents in equal parts or to the survivor
of them, or if there is none surviving, to their descendants per
stirpes, and (2) 1/2 of the entire estate to the decedent's paternal
great-grandparents in equal parts or to the survivor of them, or if
there is none surviving, to their descendants per stirpes.  If there is
no surviving paternal great-grandparent or descendant of a paternal
great-grandparent, but a maternal great-grandparent or descendant of a
maternal great-grandparent of the decedent:  the entire estate to the
decedent's maternal great-grandparents in equal parts or to the survivor
of them, or if there is none surviving, to their descendants per
stirpes.  If there is no surviving maternal great-grandparent or
descendant of a maternal great-grandparent, but a paternal
great-grandparent or descendant of a paternal great-grandparent of the
decedent:  the entire estate to the decedent's paternal
great-grandparents in equal parts or to the survivor of them, or if
there is none surviving, to their descendants per stirpes.

(g) If there is no surviving spouse, descendant, parent, brother,
sister, descendant of a brother or sister, grandparent, descendant of a
grandparent, great-grandparent or descendant of a great-grandparent of
the decedent: the entire estate in equal parts to the nearest kindred of
the decedent in equal degree (computing by the rules of the civil law)
and without representation.

(h) If there is no surviving spouse and no known kindred of the
decedent:  the real estate escheats to the county in which it is
located; the personal estate physically located within this State and
the personal estate physically located or held outside this State which
is the subject of ancillary administration of an estate being
administered within this State escheats to the county of which the
decedent was a resident, or, if the decedent was not a resident of this
State, to the county in which it is located; all other personal property
of the decedent of every class and character, wherever situate, or the
proceeds thereof, shall escheat to this State and be delivered to the
State Treasurer
pursuant to the Revised Uniform Unclaimed Property Act.

In no case is there any distinction between the kindred of the whole
and the half blood.

(Source: P.A. 100-22, eff. 1-1-18.)