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

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

Archive