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


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