No Will or Power of Attorney

[Teresa Peyton]

Illinois. If a person passes away and has left no will or power of attorney of any kind -- what happens to his assests/debts/property?

 

[Dandy Don]

Nothing will happen unless someone files to open up probate. Preferably it should be the next-of-kin, such as surviving spouse, or children, or siblings of the decedent or his/her parents.

 

[dmode101]

His assets will pass according to Illinois intestacy law priority. If the assets in the person's sole name exceeds $100,000 then someone needs to file to be named administrator and open a probate estate. Certain relatives are given priority in terms of who can apply to be administrator.

 

[nextwife]

And a power of attorney has no usefullness after death, so even if someone had a POA, it would cease to be valid upon death.