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

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

Archive