If you own a home in Illinois and pass away without a will, you may unintentionally leave your loved ones with legal confusion, delays, and unexpected outcomes. Many people assume their house will automatically go to their spouse or children, but that’s not always how it works.

In this post, we’ll walk you through what happens to your house when you die without a will in Illinois—and how you can avoid complications with proper planning.

Understanding Illinois Intestacy Laws

Dying without a will is called dying “intestate.” In Illinois, when someone dies intestate, their assets are distributed according to state intestacy laws, not personal wishes.

Your house, along with any other assets in your name alone, becomes part of your “probate estate.” The probate court will appoint an administrator to oversee the distribution of your estate.

Who Inherits the House?

Who gets your house depends on your family situation:

➤ If you’re married with children:

Your surviving spouse gets 50% of the estate, and your children split the remaining 50% equally. That includes the value of your home.

This can cause problems—your spouse might be forced to co-own the house with your children, or even sell it to divide the value.

➤ If you’re married with no children:

Your surviving spouse generally inherits the entire estate.

➤ If you have children but no spouse:

Your children inherit everything equally. Again, this may lead to disagreements or the forced sale of the home.

➤ If you have no spouse and no children:

Your estate will go to your next closest relatives—such as parents, siblings, nieces/nephews, and so on.

Real Life Example: An Unexpected Outcome

Let’s say John owned a home in Libertyville and passed away without a will. He was married and had two adult children from a prior relationship. Under Illinois intestate law, his wife inherited 50% of the home, and the remaining 50% was split between his kids.

Now, three people co-own the house. If they don’t agree on what to do with it, it can lead to costly legal battles, forced sales, or estranged relationships.

Why Probate Can Be a Burden

Without a will or trust in place, your house must go through probate court. Probate can take months—or even years—and cost thousands in court and legal fees.

It’s also public. That means anyone can see what you owned and who got what.

How to Protect Your House (and Your Family)

The best way to make sure your house goes where you want it to go is to create an estate plan. This may include:

✅ A Last Will and Testament to name beneficiaries and guardians
✅ A Revocable Living Trust to avoid probate and simplify transfers
✅ Joint ownership with rights of survivorship, if appropriate
✅ Transfer on Death Instruments (TODI) to pass real estate outside of probate

Take Control of Your Legacy

Don’t leave your family guessing or fighting over what you “would have wanted.” Whether you own a modest home or several properties, estate planning gives you control, peace of mind, and protection for your loved ones.

Let’s Talk About Your Plan

At Lexern Law Group, we help families across Lake County create customized estate plans that protect what matters most. If you’re wondering what will happen to your house—or want to prevent court delays and family stress—let’s talk.

📍 Serving Libertyville, Lake County, and beyond.
📞 Schedule a consultation today.

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This article is intended to serve as a general summary of the issues outlined therein. While this article may include general guidance, it is not intended as, nor is a substitute for, qualified legal advice. Your review or receipt of this article by Lexern Law Offices, Ltd. (the “LLG”) or any of its attorneys does not create an attorney-client relationship between you and the LLG. The opinions expressed in this article are those of the authors of the article and do not reflect the opinion of the LLG. Please note that this article may have been generated using AI technology.