What Happens If You Don’t Have a Will in Illinois?
Most people think, “My family will just get everything when I pass.” In Illinois, it’s not that simple. Without a will, the state steps in and decides who gets what — and the outcome may not reflect your wishes.
As an Illinois attorney, I’ve seen firsthand how costly and stressful this can be for families.
I was involved in a case where the parents passed away and left no will. The children ended up fighting over a family home, a family ring and other personal property in court. It ruined the families relationship.
The good news? Situations like this—are completely preventable.
The Real Risks of Dying Without a Will in Illinois
Family disputes: Siblings, grandparents, spouses, and even adult children may disagree over “what you would have wanted.”
Court delays: Probate can take months — sometimes years — before assets are distributed.
Extra costs: Legal fees and court costs eat into what your family ultimately inherits.
No privacy: Your financial affairs will be public record in probate court.
No say in guardianship: If you have minor children, a judge (not you) decides who raises them.
The Simple Solution
Creating a comprehensive estate plan. An estate plan in Illinois is more straightforward than most people realize. With a properly drafted estate plan you can:
Decide who inherits what (instead of the state deciding).
Appoint guardians for your children so the decision isn’t left to the courts.
Choose a trusted executor to handle your affairs.
Keep your financial affairs private.
Provide peace of mind for your family during a difficult time.
Bottom Line
Dying without a will in Illinois means the state — not you — decides your family’s future. The best way to protect your loved ones is by putting your wishes in writing now.
At Marketti Law Firm, we make the process simple and approachable. You’ll walk away with clear documents that protect your family and give you peace of mind.
Ready to create your estate plan? Schedule your consultation today.