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


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