Illinois Compiled Statutes
755 ILCS 5/2-2 (2026)
Children born out of wedlock
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(755 ILCS 5/2-2)
(from Ch. 110 1/2, par. 2-2)
Sec. 2-2. Children born out of wedlock. The intestate real and personal estate of
a resident decedent who was a child born out of wedlock at the time of death and the
intestate real estate in this State of a nonresident decedent who was a child born out of wedlock at the time of death, after all just claims against his estate are
fully paid, descends and shall be distributed as provided in Section 2-1,
subject to Section 2-6.5 of this Act, if both parents are eligible parents. As
used in this Section, "eligible parent" means a parent of the decedent who,
during the decedent's lifetime, acknowledged the decedent as the parent's
child, established a parental relationship with the decedent, and supported the
decedent as the parent's child. "Eligible parents" who are in arrears of in
excess of one year's child support obligations shall not receive any property
benefit or other interest of the decedent unless and until a court of competent
jurisdiction makes a determination as to the effect on the deceased of the
arrearage and allows a reduced benefit. In no event shall the reduction of
the benefit or other interest be less than the amount of child support owed for
the support of the decedent at the time of death. The court's considerations
shall include but are not limited to the considerations in subsections (1)
through (3) of Section 2-6.5 of this Act.
If neither parent is an eligible parent, the intestate real
and personal estate of a resident decedent who was a child born out of wedlock at the time of
death and the intestate real estate in this State of a nonresident decedent who
was a child born out of wedlock at the time of death, after all just claims against his or her
estate are fully paid, descends and shall be distributed as provided in
Section 2-1, but the parents of the decedent shall be treated as having
predeceased the decedent.
If only one parent is an eligible parent, the intestate real and personal
estate of a resident decedent who was a child born out of wedlock at the time of death and the
intestate real estate in this State of a nonresident decedent who was a child born out of wedlock at the time of death, after all just claims against his or her
estate are fully paid, subject to Section 2-6.5 of this Act, 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 the eligible parent or
a descendant of the eligible parent of the decedent: the entire estate to the
eligible parent and the eligible parent's descendants, allowing 1/2 to the
eligible parent and 1/2 to the eligible parent's descendants per stirpes.
(e) If there is no surviving spouse, descendant, eligible parent, or
descendant of the eligible parent of the decedent, but a grandparent on the
eligible parent's side of the family or descendant of such grandparent of the
decedent: the entire estate to the decedent's grandparents on the eligible
parent's side of the family 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, eligible parent, descendant
of the eligible parent, grandparent on the eligible parent's side of the
family, or descendant of such grandparent of the decedent: the entire estate
to the decedent's great-grandparents on the eligible parent's side of the
family 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, eligible parent, descendant
of the eligible parent, grandparent on the
eligible parent's side of the family, descendant of such
grandparent, great-grandparent on the eligible parent's side of
the family, or descendant of such great-grandparent of the decedent: the
entire estate in equal parts to the nearest kindred of the eligible parent of
the decedent in equal degree (computing by the rules of the civil law) and
without representation.
(h) If there is no surviving spouse, descendant, or eligible parent of the
decedent and no known kindred of the eligible parent 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
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 of this State pursuant to the Revised Uniform Unclaimed Property Act.
For purposes of inheritance, the changes made by this amendatory Act of
1998 apply to all decedents who die on or after the effective date of this
amendatory Act of 1998. For the purpose of determining the property rights of
any person under any instrument, the changes made by this amendatory Act of
1998 apply to all instruments executed on or after the effective date of this
amendatory Act of 1998.
A child born out of wedlock is heir of his mother and of any maternal
ancestor and of any person from whom his mother might have inherited, if
living; and the descendants of a person who was a child born out of wedlock shall represent
such person and take by descent any estate which the parent would have
taken, if living. If a decedent has acknowledged paternity of a child born out of wedlock or if during his lifetime or after his death a
decedent has been adjudged to be the father of a child born out of wedlock,
that person is heir of his father and of any paternal ancestor and of
any person from whom his father might have inherited, if living; and
the descendants of a person who was a child born out of wedlock shall represent that person
and take by descent any estate which the parent would have taken, if
living. If during his lifetime the decedent was adjudged to be the
father of a child born out of wedlock by a court of competent jurisdiction,
an authenticated copy of the judgment is sufficient proof of the
paternity; but in all other cases paternity must be proved by clear and
convincing evidence. A person who was a child born out of wedlock whose parents
intermarry and who is acknowledged by the father as the father's child
is a lawful child of the father.
After a child born out of wedlock is adopted, that person's relationship to his or
her adopting and natural parents shall be governed by Section 2-4 of this
Act. For purposes of inheritance, the changes made by this amendatory Act of
1997 apply to all decedents who die on or after January 1, 1998. For the
purpose of determining the property rights of any person under any instrument,
the changes made by this amendatory Act of 1997 apply to all instruments
executed on or after January 1, 1998.
(Source: P.A. 100-22, eff. 1-1-18.)
Notes of Decisions
Cited in 17
cases, 1996–2017 · leading case: Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016).
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2016). “12, 1978) (codified at 755 ILCS 5/2-2 (West 2012))), and a similar amendment to the Illinois Pension Code, which indicates that children born to unmarried parents are entitled to the same survivor’s benefits as other children (Pub.”
In Re Est. of Poole, 799 N.E.2d 250 (Ill. 2003). “In this petition, Poole reasserted the factual allegations from his previous pleading, but added that he was, pursuant to section 2-2 of the Probate Act of 1975 (755 ILCS 5/2-2 (West 1998)), the sole surviving "eligible parent" of Madison Rae Poole and that, as such, he had…”
Blumenthal v. Brewer, 2016 IL 118781 (Ill. 2017). “12, 1978) (codified at 755 ILCS 5/2-2 (West 2012))) and a similar amendment to the Illinois Pension Code, which indicates that children born to unmarried parents are entitled to the same survivor’s benefits as other children (Pub.”
Est. of Hicks, 675 N.E.2d 89 (Ill. 1996). “Chief Justice BILANDIC delivered the opinion of the court: At issue in this appeal is the constitutionality of section 2-2(d) of the Probate Act (755 ILCS 5/2-2(d) (West 1994)), which provides that the estate of an illegitimate intestate who dies without a surviving spouse or…”
Est. of Howell v. Howell, 2015 IL App (1st) 133247 (Ill. App. Ct. 2015). “The court allowed the coguardians to specify in the trust, pour over will, and assignment that were created that the court had preserved Turks' rights under section 2-2 of the Probate Act of 1975 (755 ILCS 5/2-2 (West 2000)), which provides for the probate court to reduce or…”
The Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673 (Ill. 2013). “In Hicks, we considered the constitutionality of section 2-2(d) of the Probate Act of 1975 (755 ILCS 5/2-2(d) (West 1994)), which permitted only mothers, and not fathers, to inherit by intestate succession from their illegitimate children.”
Est. of Howell v. Howell, 2015 IL App (1st) 133247 (Ill. App. Ct. 2015). “The court allowed the coguardians to specify in the trust, pour over will, and assignment that were created that the court had preserved Turks’ rights under section 2-2 of the Probate Act of 1975 (755 ILCS 5/2-2 (West 2000)), which provides for the probate court to reduce or…”
Dehart v. Dehart, 2012 IL App (3d) 90773 (Ill. App. Ct. 2012). “Blanca responds that James has not sufficiently pled facts to establish parentage under the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/1 (West 2006)), or section 2-2(h) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/2-2(h) (West 2006)). ¶ 37 A. Contract…”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2014). “There has also been an amendment to the Illinois Probate Act of 1975 extending intestate inheritance rights to children of unmarried parents (see 755 ILCS 5/2-2 (West 2012) (amended in 1978 by Public Act 80-1429, § 1 (eff.”
Blumenthal v. Brewer, 2014 IL App (1st) 132250 (Ill. App. Ct. 2015). “There has also been an amendment to the Illinois Probate Act of 1975 extending intestate inheritance rights to children of unmarried parents (see 755 ILCS 5/2-2 (West 2012) (amended in 1978 by Public Act 80-1429, § 1 (eff.”
Holly Tomasello, by Denise Tomasello, Her Mother & Next Friend v. Kenneth S. Apfel, 165 F.3d 33 (7th Cir. 1998). “Illinois requires clear and convincing evidence of paternity once the putative father has died, 755 ILCS 5/2-2, and in the ALJ's view, the record did not meet that standard.”
In re Est. of Bartolini (Ill. App. Ct. 1996). “This order is consistent with section 2-2 of the Probate Act of 1975 (755 ILCS 5/2-2 (West 1994)), which provides that the intestate estates of illegitimate children pass to their respective maternal relatives but not to their paternal relatives.”
— 755 ILCS 5/2-2(d) — 2 cases
The Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673 (Ill. 2013). “In Hicks, we considered the constitutionality of section 2-2(d) of the Probate Act of 1975 (755 ILCS 5/2-2(d) (West 1994)), which permitted only mothers, and not fathers, to inherit by intestate succession from their illegitimate children.”
Est. of Hicks, 675 N.E.2d 89 (Ill. 1996). “Chief Justice BILANDIC delivered the opinion of the court: At issue in this appeal is the constitutionality of section 2-2(d) of the Probate Act (755 ILCS 5/2-2(d) (West 1994)), which provides that the estate of an illegitimate intestate who dies without a surviving spouse or…”
— 755 ILCS 5/2-2(h) — 4 cases
Est. of Hicks, 675 N.E.2d 89 (Ill. 1996). “Chief Justice BILANDIC delivered the opinion of the court: At issue in this appeal is the constitutionality of section 2-2(d) of the Probate Act (755 ILCS 5/2-2(d) (West 1994)), which provides that the estate of an illegitimate intestate who dies without a surviving spouse or…”
Dehart v. Dehart, 2012 IL App (3d) 90773 (Ill. App. Ct. 2012). “Blanca responds that James has not sufficiently pled facts to establish parentage under the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/1 (West 2006)), or section 2-2(h) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/2-2(h) (West 2006)). ¶ 37 A. Contract…”
In re Est. of Bartolini (Ill. App. Ct. 1996). “This order is consistent with section 2-2 of the Probate Act of 1975 (755 ILCS 5/2-2 (West 1994)), which provides that the intestate estates of illegitimate children pass to their respective maternal relatives but not to their paternal relatives.”
Brice v. Est. of White (Ill. App. Ct. 2003).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|