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


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