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755 ILCS 5/15-1 addresses the surviving spouse's award. A surviving spouse is allowed ?a sum of money that the court deems reasonable for the proper support of the surviving spouse for the period of 9 months after the death of the decedent?? The surviving spouse's award must be a minimum of $20,000.

Disinheriting a Spouse However, Illinois law does not typically permit a person to disinherit his or her spouse through a will without the spouse's consent. If a last will and testament does disinherit a spouse, the surviving spouse may be able to ?renounce? the will formally.

Illinois is not a community property state, so the marital property laws do not apply when a spouse dies (only for divorce). Each spouse is considered to own the assets that are titled in his or her name.

In Illinois, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

What is a surviving spouse entitled to in Illinois? The surviving spouse is entitled to 20,000 dollars or enough money to sustain them for nine months. This comes after any funeral costs. The exact amounts will be decided based on the circumstances of your finances.

This is an amount that the court finds is a reasonable amount to support the surviving spouse for a period of 9 months. At a minimum, the surviving spouse's award will be $20,000.00, plus an additional $10,000.00 for each dependent living with the surviving spouse.