If my father died and our stepmother told us that he didn't have a will, is there anyway we can find out if there was some type of will in place?

If there was a will Illinois statute requires that it be filed with the clerk of the circuit court in the county of residence. If you know your father had an attorney you could ask the attorney if he knew whether your father had a will prepared. Property held in joint tenancy will transfer to the surviving joint tenant. Personal property would be in that category, except, possibly an automobile. You could check the public record to see how his residence or other real estate was owned. If you owned an asset in his own name, and there is no will, then the asset would be distributed by the statute on descent and distribution. In that event the asset would be distributed to the surviving spouse and divided amongst his children. You should see an attorney to discuss your options.

Intestate is when one died without a will. In Illinois, the law divides the property he owned at his death with 50% to his spouse and 50% to his kids. But that is only property that did not pass another way. Jointly held property by joint tenancy goes to the joint owner. Beneficiary designations say where that property is going. So we would only be looking at property in his name alone.