Succession/order of claims on the estate of someone who does not leave a will.

UPDATED: Oct 1, 2022

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Succession/order of claims on the estate of someone who does not leave a will.

If a person who has no children and was predeceased by his/her parents and spouse
dies intestate, who can make a claim upon the estate i.e., siblings, nieces and
nephews, children of deceased siblings, spouse’s family?
Do children or grandchildren of a deceased sibling have a right to claim their
parent or grandparent’s share?
Thank you.

Asked on July 8, 2018 under Estate Planning, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes they do. When someone dies "intestate" (i.e. without a Will), then their heirs are in line to inherit. And if they predecease the decedent, then their heirs will inherit their share. Accordingly, children and even grandchildren can inherit their parent's or grandparent's share.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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