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

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

Archive