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Illinois Compiled Statutes

755 ILCS 5/2-1 (2026)

Rules of descent and distribution

✓ current as of May 2026
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(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.)

    
Notes of Decisions
Cited in 46 cases (12 in the last 5 years), 1995–2026 · leading case: In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002).
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In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002). · cites it 2× “See 755 ILCS 5/2-1(d) (West 2000). Section 18-1.”
In Re Est. of Feinberg, 919 N.E.2d 888 (Ill. 2009). · cites it 2× “Indeed, if Max had died intestate, Erla, Michael, and Leila would have shared his estate (755 ILCS 5/2-1 (a) (West 2008)), and if Erla had died intestate, only Michael and Leila would have taken (755 ILCS 5/2-1(b) (West 2008)).”
Carter v. SSC Odin Operating Co., 2012 IL 113204 (Ill. 2012). “With respect to a testate estate, assets of a deceased’s estate are distributed in accordance with the deceased’s will (755 ILCS 5/4-13 (West 2006)), and in the case of an intestate estate, according to the rules of descent and distribution (755 ILCS 5/2-1 (West -9- 2006)).…”
Est. of Hicks, 675 N.E.2d 89 (Ill. 1996). · cites it 4× “The circuit court also determined that section 2-1 of the Probate Act (755 ILCS 5/2-1 (West 1994)) would control the distribution of the estates of illegitimate decedents.”
DeHart v. DeHart, 2013 IL 114137 (Ill. 2013). “See 755 ILCS 5/2-1(a) (West 2010). And if a person has left insufficient or no provision for his spouse through a will, the surviving spouse can renounce the will and is then entitled to one-half of the estate -9- if there is no descendent, but the surviving spouse is only…”
In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003). “See 755 ILCS 5/2-1 (West 1998). The acts therefore share a mutuality of purpose that we take into account in deciding this matter.”
Beck v. DayOne Pact, 2023 IL App (1st) 221120 (Ill. App. Ct. 2023). “If petitioner did not have a valid will that allocated the assets of the Trust, the assets would be distributable under Article II of the Illinois Probate Act (755 ILCS 5/2-1 et seq. (West 2020)). 2 The Trust indicates in its definitions section that “adverse party” has the same…”
Crampton v. Crampton, 2017 IL App (3d) 160402 (Ill. App. Ct. 2017). · cites it 2× “See 755 ILCS 5/2-1, 2-8 (West 2014); Glogovsek , 248 Ill.”
Mitchell v. Michael's Sports Lounge, 2023 IL App (1st) 220011 (Ill. App. Ct. 2023). “Although Thomas’s argument is not entirely clear, he appears to contend that his children implicitly are parties to the action via section 2-1 of the Probate Act of 1975 (755 ILCS 5/2-1 (West 2018)), which generally provides for the distribution of one-half of a decedent’s…”
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). “" Section 2-1 of the Probate Act sets forth the rules of descent and distribution as follows: "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…”
In Re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). · cites it 2× “Petitioner, Regina Pavone, Hall's life-partner, filed a petition in the probate court seeking a surviving spouse share of Hall's estate pursuant to section 2-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/2-1 (West 1996)). Respondent, William Hall, is the administrator…”
Burk v. Thayer (In Re Est. of Prunty), 2018 IL App (4th) 170455 (Ill. App. Ct. 2018). “¶ 4 Lynn had a sister, Eloise Virginia Prunty, who survived her (but died five years later), and it is undisputed that, under the laws of descent and distribution ( 755 ILCS 5/2-1 (West 2008) ), Prunty became entitled, upon Lynn's death, to inherit half the residue of Lynn's…”
Show all 46 citing cases →
— 755 ILCS 5/2-1(a) — 10 cases
DeHart v. DeHart, 2013 IL 114137 (Ill. 2013). “See 755 ILCS 5/2-1(a) (West 2010). And if a person has left insufficient or no provision for his spouse through a will, the surviving spouse can renounce the will and is then entitled to one-half of the estate -9- if there is no descendent, but the surviving spouse is only…”
In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002). “See 755 ILCS 5/2-1(d) (West 2000). Section 18-1.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2014).
In Re Est. of Hall, 707 N.E.2d 201 (Ill. App. Ct. 1998). “Petitioner, Regina Pavone, Hall's life-partner, filed a petition in the probate court seeking a surviving spouse share of Hall's estate pursuant to section 2-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/2-1 (West 1996)). Respondent, William Hall, is the administrator…”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2015).
— 755 ILCS 5/2-1(b) — 10 cases
In Re Est. of Feinberg, 919 N.E.2d 888 (Ill. 2009). “Indeed, if Max had died intestate, Erla, Michael, and Leila would have shared his estate (755 ILCS 5/2-1 (a) (West 2008)), and if Erla had died intestate, only Michael and Leila would have taken (755 ILCS 5/2-1(b) (West 2008)).”
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). “" Section 2-1 of the Probate Act sets forth the rules of descent and distribution as follows: "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…”
Crampton v. Crampton, 2017 IL App (3d) 160402 (Ill. App. Ct. 2017). “See 755 ILCS 5/2-1, 2-8 (West 2014); Glogovsek , 248 Ill.”
In Re Est. of Brittin, 664 N.E.2d 687 (Ill. App. Ct. 1996).
Crampton v. Crampton, 2017 IL App (3d) 160402 (Ill. App. Ct. 2018).
— 755 ILCS 5/2-1(c) — 2 cases
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014).
Bangaly v. Baggiani, 2014 IL App (1st) 123760 (Ill. App. Ct. 2014).
— 755 ILCS 5/2-1(d) — 8 cases
In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002). “See 755 ILCS 5/2-1(d) (West 2000). Section 18-1.”
Est. of Hicks, 675 N.E.2d 89 (Ill. 1996). “The circuit court also determined that section 2-1 of the Probate Act (755 ILCS 5/2-1 (West 1994)) would control the distribution of the estates of illegitimate decedents.”
Est. of Howell v. Howell, 2015 IL App (1st) 133247 (Ill. App. Ct. 2015).
Est. of Howell v. Howell, 2015 IL App (1st) 133247 (Ill. App. Ct. 2015).
Frese v. Nat'l R.R. Passenger Corp. (C.D. Ill. 2024).
— 755 ILCS 5/2-1(h) — 2 cases
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013).
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013).
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