Legal Question in Wills and Trusts in Illinois

The distribution schedule 50% to the surviving spouse 50% to surviving children is not a function of the small estate affidavit but is part of the law which provides who gets what if there is no will. The children share equally, if a child is deceased but left descendants, those descendants get the share the deceased child would have received, if alive. If the children are minors, their legacy may have to be put into a custodial account or there may be a need to get a court order.