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


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