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

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

Archive