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


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