DGAA bLAWg

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


Tags

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

Archive