An Overview of the Illinois Probate Claims Process

Web Admin - Thursday, February 13, 2014

illinois probate claims lawyerThe probate process in Illinois acts as a method of legally putting to rest the affairs of a deceased person. One of the most important parts of the process is the ability to file a probate claim. These claims allow creditors to attempt to collect on any debts that the deceased may have had. Illinois law establishes a strict hierarchy of these claims to determine which claims get paid out first.

The Claims Process

The claims process begins shortly after a person’s death. If the person has more than $100,000 in assets their family will have to open the probate process. This involves filing a will with the courts (if a will exists) and getting an executor appointed by the court. The executor will manage the administration of the will and is an important figure for creditors who want to file claims.

The law requires executors to publish a notice of probate in an appropriate newspaper to alert any potential creditors to the process. They must also send written notice to any creditors that the executor “knows or may reasonably ascertain.” Once a creditor receives notice of probate, they have six months within which to file a claim for payment from the estate. Any claims after this six month period will be barred by the court as long as the executor provided proper notice.

Once a creditor files a claim, the executor has three options: they may choose to pay it in full, they may attempt to settle, or they may refuse to pay. In the case of an executor who refuses to pay a claim, the creditor then has the option of litigating the claim in front of a judge to determine its validity.

Establishing Priority

Once the executor and the courts determine which claims are valid, they rely on the Illinois Probate Act of 1975 to determine what order the debts should be paid in. The Act divides claims into seven different classes, and pays them out in order. The seven classes are:

1.    Reasonable funeral and burial expenses

2.    Surviving spouse’s or child’s award. This is an award of enough money to the decedent’s spouse and children to keep them living in their usual lifestyle for nine months following the person’s death.

3.    Debts due to the United States

4.    Debts owed to employees, not to exceed $800, and debts dealing with the decedent’s last illness

5.    Money and property held in trust by the decedent

6.    Debts due to Illinois state and local government

7.    All other claims

If you need help navigating the probate process, contact an Illinois Estate Planning Attorney today. Our firm serves many different towns in the northwest suburbs including Palatine, Des Plaines, and Rolling Meadows.

About the Author: Attorney Jay Andrew is founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.

Recent Posts


living trust vs will Employment Discrimination Law swimming pools Deer Park criminal attorney insurance denials probate lawyer estate planning lawyer rumble strips South Barrington real estate attorney Buffalo Grove injury lawyer Chicago traffic lawyer Federal Food Drug and Cosmetic Act criminal defense Barrington litigation attorney sexual images Arlington Heights car crash attorneys Illinois pet lawyer BAC life insurance lawyer Long Grove real estate lawyer Arlington Heights wills and trusts attorneys insurance dispute attorney Buffalo Grove personal injury lawyer preventable medical errors Inverness real estate attorney liability claims homestead rights cell phone accidents vacation home Chicago will attorney murder defense fiduciary rule delay personal injury Schaumburg estate planning lawyer liens pay when paid contract Deer Park workers compensation lawyer college kids medication errors unauthorized overtime Arlington Heights TBI attorney Fourth of July creditors Illinois real estate lawyer Chicago insurance law firm Crystal Lake car accident attorney loopholes Illinois insurance disputes insurance disputes auto accidents Barrington estate planning lawyer Crystal Lake accident attorney privacy laws Schaumburg insurance lawyers Rolling Meadows personal injury lawyer Schaumburg car accident attorney breach of contract power of attorney for healthcare Illinois boating accident lawyer Palatine real estate lawyer Crystal Lake bike accident lawyer real estate closing installment contracts Arlington Heights real estate lawyer Barrington criminal defense lawyer boating accidents defective products Palatine civil litigation lawyer Chicago trucking accident attorney PTSD Illinois personal injury lawyers Des Plaines Traffic Lawyer workers compensation Chicago employment attorney Inverness real estate lawyer Arlington Heights car accident lawyer capital gains tax employee misclassification Crystal Lake injury attorney workers compensation benefits internet estate tax Palatine employment attorney dealing with problem employees Inverness civil lawyer BUI federal regulations for LLCs Illinois living will Kenilworth estate planning attorney Des Plaines civil attorney business litigation insurance claim dispute attorney fees Long Grove real estate attorney Palatine estate planning lawyer Barrington employment attorney Crystal Lake employment law attorney GM ignition switches Chicago estate planning trustee Arlington Heights lawyer Des Plaines DUI attorney preventing accidents Colin Gilbert texting and driving Crystal Lake pedestrian accident lawyer Palatine trusts lawyer Illinois personal injury Illinois probate lawyer Schaumburg medical malpractice lawyer Illinois insurance claim dispute lawyers Arlington Heights employment law attorneys Des Plaines injury law firm spinal cord injury Des Plaines real estate lawyer Illinois workplace discrimination attorney traumatic brain injury Mount Prospect wills and trusts lawyers real estate suspended license anesthesia errors in terrorem provision Arlington Heights injury attorney LLCs changes to mortgage law Illinois employment law attorneys Chicago attorney unfunded trust insurance claim delay estate attorney Illinois red light cameras BAIID taxes rest breaks Palatine probate lawyer Illinois employment laws Chicago corporate attorney independent contractor Rolling Meadows insurance attorney liability insurance claim distracted driving accidents Deer Park accident attorney Schaumburg traffic lawyer insurance attorney Schaumburg criminal attorney Des Plaines drug lawyer Rolling Meadows personal injury lawyers Rolling Meadows drug defense attorney personal injury law firm DUI license revocation DUI defense icy parking lots employee rights criminal law insurance adjusters Barrington employment law attorney contracts insurance claim denial Illinois employment law firm Illinois insurance claim dispute lawyer Illinois Transfer on Death Instrument estate planning disability benefits personal injury attorney life insurance hiring employees automated cars Palatine law firm sexual harassment living trust workers comp condo association insurance claim denials trench injuries Schaumburg Attorney modern family estate planning jet ski Illinois employment attorneys Illinois Human Rights Act Barrington medical malpractice lawyers life insurance claims Barrington drug crime attorney traffic offenses Whistleblower Claims Illinois speeding lawyer Palatine traffic lawyer real estate attorneys dog bites Rolling Meadows employment law attorney Deer Park traffic lawyer Deer Park employment law attorney car crash injuries Rolling Meadows business lawyer insurance agents car crash commercial leases Arlington Heights Traffic Lawyer driving Illinois LLC creation Retaliatory Discharge Buffalo Grove law firm car crashes Liquor Control Act employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Rolling Meadows estate planning attorney child safety Buffalo Grove traffic lawyers eluding a police officer Policy Cancellation meal breaks startup company clemency Illinois attorney insurance dispute Food and Drug Administration's Food Safety Modernization Act Rolling Meadows DUI lawyer bike accident bad faith insurance claims Crystal Lake employment lawyer Illinois jet ski accident lawyer digital assets Illinois personal injury lawyer problem employees probate fees probate claims Schaumburg estate attorney Crystal Lake personal injury attorney subcontractor Barrington civil litigation attorney Palatine civil attorney Barrington estate planning attorney caregiver agent crossover accidents Rolling Meadows insurance lawyer Illinois pedestrian accident attorney severance agreements overtime violations Crystal Lake personal injury lawyer Buffalo Grove real estate attorney Illinois wrongful termination lawyer Schaumburg construction accident lawyer Des Plaines tax law firm Illinois lawyer Arlington Heights Attorney Rolling Meadows litigation lawyer health insurance dispute drunk driving Illinois employment lawyer denied insurance claim small business Illinois Sales Representative Act criminal record Attorney Ken Apicella llinois Real Estate Lawyers Association dram shop law Chicago will attorney, social media platforms, Illinois estate planning lawyer, Schaumburg employment law attorneys new real estate form Crystal Lake business law attorneys probate claims process Rolling Meadows Attorney medical malpractice compensation Inverness corporate attorney digital information Illinois business lawyer underfunded trust Forcible Entry wills and trusts Crystal Lake civil litigation lawyer Crystal Lake traffic lawyer privacy workplace sexual harassment home inspection lawyer Chicago biking tips Transfer on Death Instrument car collision Buffalo Grove employment lawyer speeding Schaumburg personal injury lawyer Crystal Lake estate planning lawyer investment property Rolling Meadows probate lawyer Palatine elder law attorney Schaumburg boating under the influence Arlington Heights wills and trusts lawyer loss of consortium wills insurance negligence Des Plaines collections attorney foreclosure probate process Schaumburg criminal law attorney Arlington Heights wills and trusts attorney Buffalo Grove traffic attorney Rolling Meadows insurance dispute lawyers Crystal Lake medical malpractice lawyer compensatory time Des Plaines personal injury attorney mortgage boating DUI trucking accident lawyers marijuana Crystal Lake insurance lawyer Barrington real estate lawyer dynasty trusts Buffalo Grove personal injury attorney Buffalo Grove probate lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Palatine employment lawyer Illinois trucking safety Arlington Heights personal injury attorney distracted driving accident victims cell phone Palatine workers compensation lawyer Rolling Meadows employment attorney Deer Park personal injury lawyer Buffalo Grove criminal defense lawyer pedestrian accident wrongful death comp time Landlord Tenant Ordinance Barrington workers compensation attorney Illinois home inspection uninsured motorist Illinois wills and trusts attorneys drug possession forming a corporation in Illinois car accident lawyers Illinois insurance claims lawyers Deer Park motorcycle accident lawyer income distribution deducation TBI South Barrington real estate lawyer Chicago lawyer Arlington Heights wills and trusts lawyers guardianship attorney Thanksgiving Palatine corporate attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Exclusions Class A misdemeanor consent to a search Mount Prospect real estate lawyer FSLA Joliet general practice lawyers Palatine drug lawyer marijuana crimes attorney Illinois DUI attorney Arlington Heights employment attorney real estate lawyer Illinois workers compensation attorney Illinois estate planning law firm Rolling Meadows real estate attorney traffic violations Illinois corporate lawyer deed transfer Illinois motorcycle accident lawyer Crystal Lake criminal defense attorney controlled substance comparative negligence Buffalo Grove corporate attorney blood alcohol content Illinois Workers’ Compensation Commission Crystal Lake law firm Illinois estate planning accidental death benefits Palatine traffic accidents living wills institutional trustee Crystal Lake tax lawyer Palatine injury attorney denied insurance claims Schaumburg probate attorney fatal car accidents Schaumburg wrongful death attorney Illinois employment law Rolling Meadows traffic attorney Arlington Heights trucking lawyer Schaumburg civil litigation attorney Schaumburg employment attorney foreclosed rental property overtime pay living trust benefits life insurance policy Illinois insurance lawyer healthcare DMV Illinois trusts attorney Schaumburg elder law lawyer IRA trust transfer Chicago estate planning lawyer Illinois personal injury attorney Des Plaines real estate attorney Detainer Actions Illinois medical malpractice lawyers Illinois insurance dispute lawyers license Arlington Heights insurance attorney Arlington Heights criminal lawyer motorcycle accident traffic violations defense drug crimes Illinois defective products attorney Crystal Lake medical malpractice law firm federal crimes wage theft Palatine employment law lawyer Des Plaines pet law attorney license suspension FMLA Family Medical Leave Act employee discrimination Des Plaines claims law firm personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys ken apicella Jay Andrew Barrington injury attorney Deer Park real estate law firm Barrington personal injury attorney nursing home negligence estate planning for college students no contest clauses personal injury claims Des Plaines insurance attorney commercial leasing Illinois employment law attorney medical marijuana gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys School Visitation Rights Act CAM car accidents Schaumburg drug defense lawyer head on collisions Des Plaines personal injury lawyers Illinois Wage Payment and Collection Act irrevocable trust insurance claim dispute attorney traffic deaths probate manufacturing estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, operating agreements Schaumburg personal injury lawyers wrongful termination landlord tenant law medical research traffic tickets Chicago employment lawyer special needs trust car accident lawyer Illinois construction accident attorney residential real estate personal injury accidents insurance denial appeals license reinstatement digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Inverness personal injury attorney Barrington boating accident attorney field sobriety test Illinois Smoke Detector Act Illinois wills and trusts denial of life insurance unpaid overtime Rolling Meadows boating crash lawyer trust payments traffic laws Des Plaines criminal estate plan Inverness DUI lawyer Palatine criminal defense lawyer personal injury claim Arlington Heights personal injury lawyer Schaumburg injury lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Des Plaines motorcycle accident attorney employees Illinois business law atorneys landlord Crystal Lake will lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers deadly crashes Crystal Lake pet attorney Crystal lake insurance dispute attorney appealing an insurance claim Deer Park DUI lawyer elder law insurance claims Crystal Lake employment attorney Deer Park traffic accident attorney Inverness injury lawyer Deer Park medical malpractice attorney Legal Info premises liability whistleblower protections Illinois Probate Act of 1975 breathalyzer test trusts first degree murder Rolling Meadows IRA benefits Illinois insurance attorney product liability surgical mistakes hit and run accident Mt Prospect Attorney Do Not Resuscitate Chicago car accident lawyer Illinois rollover accident lawyers DNR Arlington Heights medical malpractice lawyer healthcare claims Schaumburg real estate lawyer cell phone tower data Inverness traffic law firm employment contract DGAA Palatine corporate law attorneys expungement condo Mount Prospect elder law attorney Super Mario defective products lawyer right to work social media after death natural gas explosion estate planning attorney Kenilworth estate planning lawyer Rolling Meadows employment law attorneys digital evidence slip and fall accidents civil litigation attorney brain injury Crystal Lake traffic attorney Illinois law Arlington Heights pedestrian accidents reckless homicide Barrington employment law firm Barrington business law firm revenge porn bicycle dooring accidents Rolling Meadows insurance dispute lawyers, insurance dispute Palatine construction attorney Rolling Meadows traffic law firm Colin H. Gilbert Illinois car accident attorney Des Plaines drug crimes lawyer fiduciary rule drunk driving statistics ACA pet bites Rolling Meadows Traffic Lawyer real estate contract Illinois insurance claim attorney commercial real estate Inverness estate planning lawyer Des Plaines personal injury lawyer motorcycle accident lawyer sole proprietorship Schaumburg estate planning attorney estate planning trusts construction contracts traffic accidents Illinois estate planning attorney Illinois workplace lawyer pet law Barrington Illinois estate planning lawyer minimum wage real estate leasing civil litigation slip and fall power of attorney Chicago insurance claim attorneys Long Grove estate planning attorneys trauma after an accident ObamaCare Illinois medical malpractice case Barrington criminal lawyer Long Grove estate planning attorney Schaumburg personal injury attorney Illinois traffic attorneys Buffalo Grove insurance claim dispute lawyers Rolling Meadows medical malpractice lawyers golf accidents Illinois civil litigation lawyer advance healthcare directive rent to own real estate contracts insurance agent negligence Buffalo Grove car accident lawyer Illinois medical malpractice claim filing a medical malpractice claim DUI attorney Self-Directed IRA Accounts pedestrian injuries, pedestrian fatality Illinois small business employment lawyer texting while driving Rolling Meadows criminal lawyer real estate zoning Crystal Lake car accident lawyer Illinois bicycle safety Illinois employee rights attorney. senior citizens Illinois injury lawyer employment law rollover accidents Riverwoods estate planning lawyer underinsured motorist gift taxes work unions Palatine personal injury lawyer tax attorney IRS corporate law Schaumburg corporate attorney Rolling Meadows marijuana attorney Barrington attorney Affordable Care Act pedestrian-automobile accident Illinois traffic attorney spinal cord injuries insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys unpaid assessment vacation home fines Fair Labor Standards Act Arlington Heights estate planning attorney real estate attorney Long Grove estate planning Inverness elder law lawyer jet ski accidents elder abuse POA back injuries Illinois criminal defense attorney paid sick leave Des Plaines criminal attorney Illinois traffic laws Barrington Traffic Lawyer Illinois traffic accident lawyer truck collisions Illinois job attorney Illinois mass shooting Illinois elder law attorney food poisoning Rolling Meadows criminal attorney Illinois driving without license Illinois workers compensation lawyer DUI penalities pizza emoji Inverness accident lawyer pedestrian accidents medical malpractice Rolling Meadows accident lawyer Crystal Lake medical malpractice attorneys Home Sale Contingencies employment attorney Illinois medical malpractice attorney civil rights violation bicycle accidents job lawyers rollover car crashes caretaker rights blended families IRELA construction accidents financial advisors Arlington Heights tax lawyer Inverness probate lawyer Palatine insurance lawyer Illinois traffic ticket lawyer drug crimes lawyer Arlington Heights traffic attorney natural gas murder charges pregnant women Rolling Meadows corporate lawyer Palatine Attorney owner responsibility car accident traffic crimes products liability Inverness insurance attorney pain and suffering Illinois tax attorney Kenilworth estate planning attorneys hands free device Des Plaines medical malpractice attorney underage DUI wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois collections attorney Buffalo Grove medical malpractice lawyers Palatine punch death Rolling Meadows car accident lawyers drugs fault based insurance employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys murder involuntary manslaughter Illinois mortgages Palatine business attorney employment law, Illinois employment laws Rolling Meadows tax attorney Des Plaines accident attorney low-ball insurance settlement digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois registered agent traumatic brain injuries drug crime Illinois will lawyer Home Remodeling Repair Act Rolling Meadows personal injury attorney personal injury lawyer medical malpractice claims Illinois real estate holiday statistics trucking accidents Long Grove wills and trusts attorneys Barrington personal injury lawyer Arlington Heights accident attorney