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

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

Archive