IL HB3671

Amends the Probate Act of 1975 to restrict will renunciation by a testator's surviving spouse to cases where the will contains a provision benefiting the surviving spouse.

Surviving spouse who renounces the will receives 1/3 of the entire estate if the testator leaves a descendant, or 1/2 of the entire estate if the testator leaves no descendant, after payment of all claims.

Surviving spouse must file a written renunciation instrument with the probate court within 7 months of will admission, or within an extended timeframe if litigation is pending affecting the spouse's estate share.

Filing the renunciation instrument bars any claims by the surviving spouse under the will's provisions.

Future interests in the estate pass as if the surviving spouse predeceased the testator, unless the will expressly provides otherwise, and other legacies are abated or increased proportionally to account for changes in estate value.