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


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