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

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

Archive