755 ILCS 5/2-2
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article II - Descent And Distribution

 (from Ch. 110 1/2, par. 2-2)Sec. 2-2. Children born out of wedlock. The intestate real and personal estate of  a resident decedent who was a child born out of wedlock at the time of death and the  intestate real estate in this State of a nonresident decedent who was a child born out of wedlock at the time of death, after all just claims against his estate are  fully paid, descends and shall be distributed as provided in Section 2-1,  subject to Section 2-6.5 of this Act, if both parents are eligible parents.  As  used in this Section, "eligible parent" means a parent of the decedent who,  during the decedent's lifetime, acknowledged the decedent as the parent's  child, established a parental relationship with the decedent, and supported the  decedent as the parent's child.  "Eligible parents" who are in arrears of in  excess of one year's child support obligations shall not receive any property  benefit or other interest of the decedent unless and until a court of competent  jurisdiction makes a determination as to the effect on the deceased of the  arrearage and allows a reduced benefit.  In no event shall the  reduction of  the benefit or other interest be less than the amount of child support owed for  the support of the decedent at the time of death.  The court's considerations  shall include but are not limited to the considerations in subsections (1)  through (3) of Section 2-6.5 of this Act.If neither parent is an eligible parent, the intestate real  and personal estate of a resident decedent who was a child born out of wedlock at the time of  death and the intestate real estate in this State of a nonresident decedent who  was a child born out of wedlock at the time of death, after all just claims against his or her  estate are fully paid, descends and shall be distributed as provided in  Section 2-1, but the parents of the decedent shall be treated as having  predeceased the decedent.If only one parent is an eligible parent, the intestate real and personal  estate of a resident decedent who was a child born out of wedlock at the time of death and the  intestate real estate in this State of a nonresident decedent who was a child born out of wedlock at the time of death, after all just claims against his or her  estate are fully paid, subject to Section 2-6.5 of this Act, 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 the eligible parent or  a descendant of the eligible parent of the decedent:  the entire estate to the  eligible parent and the eligible parent's descendants, allowing 1/2 to the  eligible parent and 1/2 to the eligible parent's descendants per stirpes.(e) If there is no surviving spouse, descendant, eligible parent, or  descendant of the eligible parent of the decedent, but a grandparent on the  eligible parent's side of the family or descendant of such grandparent of the  decedent:  the entire estate to the decedent's grandparents on the eligible  parent's side of the family 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, eligible parent, descendant  of the eligible parent, grandparent on the eligible parent's side of the  family, or descendant of such grandparent of the decedent:  the entire estate  to the decedent's great-grandparents on the eligible parent's side of the  family 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, eligible parent, descendant  of the eligible parent, grandparent on the  eligible parent's side of the family, descendant of such  grandparent, great-grandparent on the eligible parent's side of  the family, or descendant of such great-grandparent of the decedent:  the  entire estate in equal parts to the nearest kindred of the eligible parent of  the decedent in equal degree (computing by the rules of the civil law) and  without representation.(h) If there is no surviving spouse, descendant, or eligible parent of the  decedent and no known kindred of the eligible parent 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  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 of this State pursuant to the Revised Uniform Unclaimed Property Act.For purposes of inheritance, the changes made by this amendatory Act of  1998 apply to all decedents who die on or after the effective date of this  amendatory Act of 1998.  For the purpose of determining the property rights of  any person under any instrument, the changes made by this amendatory Act of  1998 apply to all instruments executed on or after the effective date of this  amendatory Act of 1998.A child born out of wedlock is heir of his mother and of any maternal  ancestor and of any person from whom his mother might have inherited, if  living; and the descendants of a person who was a child born out of wedlock shall represent  such person and take by descent any estate which the parent would have  taken, if living.  If a decedent has acknowledged paternity of a child born out of wedlock or if during his lifetime or after his death a  decedent has been adjudged to be the father of a child born out of wedlock,  that person is heir of his father and of any paternal ancestor and of  any person  from whom his father might have inherited, if living; and  the descendants of a person who was a child born out of wedlock shall represent that person  and take by descent any estate which the parent would have taken, if  living.  If during his lifetime the decedent was adjudged to be the  father of a child born out of wedlock by a court of competent jurisdiction,  an authenticated copy of the judgment is sufficient proof of the  paternity; but in all other cases paternity must be proved by clear and  convincing evidence.  A person who was a child born out of wedlock whose parents  intermarry and who is acknowledged by the father as the father's child  is a lawful child of the father.  After a child born out of wedlock is adopted, that person's relationship to his or  her adopting and natural parents shall be governed by Section 2-4 of this  Act.  For purposes of inheritance, the changes made by this amendatory Act of  1997 apply to all decedents who die on or after January 1, 1998.  For the  purpose of determining the property rights of any person under any instrument,  the changes made by this amendatory Act of 1997 apply to all instruments  executed on or after January 1, 1998.  (Source: P.A. 100-22, eff. 1-1-18.)