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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.
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(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 Uniform
Disposition of Unclaimed Property Act.
In no case is there any distinction between the kindred of the whole and the
half blood.
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