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

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

Archive