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


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