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


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