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

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

Archive