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 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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