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


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