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

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

Archive